and same St. 1. An account of his larger work of Tithes St. 2 3. 23. His two Tomes of English Lawes and Councels St. 3. His practice according to his writing St. 20. A brief account of his life studies and employments Bp. 5. His Book De non temerandis Ecclesils vindicated Ap. 1. Why printed in Scotland Sc. 1. Divers Gentlemen moved by the reading of his Books some to part with Impropriations St. 21. Others not to buy them St. 24 Sportulae among the Romans what and their severall sorts Sp. 18. Sportula Presbyteria in the primitive Church what Sp. 19. Sportula menstrua Sp. 89 Statute of the Dissolution of Monasteries Sp. 169 c. How it was made to book in Parsonages Ep. 4 Stipends and Pensions for Ministers bow inconvenient St. 18 c. Sp. 55 56. R. 5.12 Synagoga put both for the persons and the place Ap. 9 T TEmplars See Hospitalers Ten The mysteries and excellencies of this number Sp. 69 113 c. How it representeth the nature of God Sp. 69 and beareth his inscription Sp. 71. It signifieth Gods Law Sp. 73. 113 Tenth part of fruits due unto God as well as the Seventh of time St. 15. Sp. 111. Why the Tenth Sp. 67-76 Tenths paid by the Clergy St. 12. See Tithes Teoda Sp. 67 Time what part thereof due unto God Sp. 1â—9 Tithes The etymology of the word Sp. 67. The definition of the thing ibid. Payment of Tithes how antient Sp. 114. R. 6 They are more antient then the Law of Moses Sp. 139. R. 2â— They were paid to the Levites after the atteration of their service as well as before Sp. 37. Their antiquity in the Christian Church Sp. 31.86.88 c. R. 22. Tithes paid by all without question for three thousand years together Sp. 110. Tithes frequently paid by Heathens Sp. 114-127 To To give Tithes a generall custome among the Grecians Sp. 123. in use also among barbarous Nations Sp. 124. Both learned it from Gods people Sp. 126 Both oftentimes outgo Gods people in practice of it ibid. Some beasts seem to pay Tithe Sp. 127. How doe these examples shame and condemn such Christians as neglect this duty Sp. 128. Abraham's and Jaeob's precedent as strong for Tithes as the Apostles for the Lords day Sp. 111. The Sabbath was more ceremoniall then Tithes Sp. 148. Why no setled Lawes for them in the Primitive times St. 8. Sp. 29. They were not paid to the Levites while in travel and unsetled Sp. 52. Neither was it expedient or possible the Apostle should have received them Sp. 52 c. How they were anciently disposed Sp. 89-92 151. Christian Tithes far short of the Leviticall St. 9 c. By what right Tithes are due to God St. 93. Tithes of two sorts Morall Leviticall Sp. 93. They are due by the law of Nature Sp. 94-103 of Scripture Sp. c. R. 2.17 of Nations Sp. 113. by a precedent right Sp. 140. They are due here by Laws of severall Kings of England Sp. 129-135 and by donation and vows of our Ancestors Sp. 135 136. Decrees of Councels for the payment of them Sp. 89. They are not a whit left lawfull to us because used in the Church of Rome Sp. 84. That Tithes are not merely Leviticall proved by five arguments Sp. 139. They have nothing ceremoniall or typicall in them Sp. 140. R. 23. Our manner of Tithing differeth from that of the Leviticall Law Sp. 140. The end of Tithes is morall namely Piety Justice Gratitude against all which the with-holders of Tithes grievously offend Sp. 141. In what respect Tithes are Leviticall and Judiciall Sp. 142 c. The employment of Tithes was in part ceremoniall and temporall but the payment and receiving of them is morall and unalterable Sp. 149. The Tithe which our Ministers receive is neither Jewish nor Popish R. 15 16. but that which they pay to the King or State is R. 16 17. Foure severall opinions about the tenure of Tithes R. 23. Reasons why they should be paid Sp. 92. R. 2 c. God accepteth the Tithe as if it were the whole Sp. 73. Paying of Tithes rewarded with plenty Sp. 114.117 118. detaining of them with vengeance Sp. 120.123 c. Fearfull curses denounced against the detainers of them Sp. 91 134 c. They are incomparably the best and fittest provision for Ministers Sc. 17 c. R. 4 c. They are to be paid to the Minister whether good or bad Sp. 32. 60. The enemies of Tithes are enemies to the Ministery it self R. 3. Take away Tithes and look for nothing but ignorance and baseness Sc. 2.3 R. 3.26 Tithes paid by the Levites Sp. 73.77 to what end Sp. 78. The Clergy now Bishops King all ought to pay Tithes Sp. 78 79. Tithes are to be paid out of every thing Sp. 123 130 131. not onely out of the fruits of the ground Sp. 79. but out of the wages of servants Sp. 80. and the spoils of Souldiers and the gains of Merchants and Tradesmen Sp. 81. How Tithes became appropriate See Appropriations The perverse humour of many against Tithes St. 2.8.25 notwithstanding they be due both by Divine Laws and humane St. 4 c. The boundless liberty of the Anabaptists in Germany began at Tithes R. 3. Kentish Petitioners exceptions against Tithes answered R. 7. c. What answer the Parliament gave them R. 15. What made the Anabaptists in London contest so boldly against Tithes R. 19 20. How the dispute about Tithes between B.C. I. R. was disappointed R. 19-21 Animadversions on The Countrey 's plea against Tithes R. 21 c. Not Tithes but Covetousness the cause of Simony R. 13. Arguments shewing that it is unlikely the Parliament will take away Tithes R. 2 c. The plea of Divine right can be no waies preiudicial to Tithes R. 18. whether they be of divine right or no the State may lawfully impose them and the people pay them R. 27 Tituli Sp. 10 St. Roger Townsend St. 21 Traditions of antient Fathers much to be regarded Sp. 86 Treasury of the Temple its parts Sp. 36.78 Turks pay Tithes Sp. 127. U V VIcarages Sp. 152. well augmented by some Colledges in Oxford St. 23.26 by Bishop Morton and Bishop Wright St. 24. by Dr. Fell St. 26. by St. Henry Spelman St. 20. by Viscount Slego St. 26 by the present Parliament St. 24 Vnlawfull things admitted and lawfull omitted Sp. 46 c. Vows lawfully made by Parents descend upon their children Sp. 135. Though arbitrary to make yet are they necessary to keep Sp. 136. Bp. 3 4. W WEstminster-Church subject to none but the King Sp. 179 180 Whitsuntide See Pentecost X XEnophon's example of paying Tithes and endowing a Temple Sp. 121 X signifieth both the name of Christ and the number of Ten Sp. 71 76 A Catalogue of the Authors cited in these Treatises A Chilles Statius Aelianus Agobardus Alexander ab Alexandre Ambrosius Antonius de Dominis Aristophanes Aristoteles Arnobius
ita ut se patronos tutores ejus praestarent Kings and Princes should give much Lands Revenues and great maintenance for the worship of God and his Ministers attending thereon which promise God abundantly performed by many and great Emperours Kings and Princes in all Countries after their conversion to the faith The donations gifts and buildings of Constantine the first and great Christian Emperour born at York and Helena his mother an English Lady exceeding religious and devout are famous in History together with their buildings and endowing of many ample and beautifull Churches in severall Counties of the Empire Dominicum aureum Nobilissimum Antiochiae templum à Constantino M. inceptum sub Constantio verò absolutum hoc epitheto prae excellentia honoratum insigni Episcoporum populorumque confluentia ejus encaeniam cebrante Hieron in Chronico In Antiochia Dominicum quod vocatur aureum aedificari coeptum Et infra mox Antiochiae Dominicum aureum dedicatur Glossar Spelman pa. 224. Cyrill describing a Church of Constantines building in Jerusalem cals it Cat. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Church all adorned and embossed with silver and gold Eusebius reporting of the spacious and beautifull Church of Tyre which was built anew by the famous B. P. Paulinus says the lustre and splendour was such 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as made beholders amazed to behold it Neither did he thus alone in his own persō but he also gave leave to his subjects to doe the like whereby the Church was greatly enriched in a short time C. L. 1. c. de sacrosanct Ecclesiis § Si quis authent de Ecclesia The gifts and buildings of divers other Emperours and Kings as Theodosius Justinian Pipin and Charles the great are endlesse to be repeated When as any doth the like now or repair old Churches formerly built he is by some ignorant people tearmed Popish or Popish affected The grants buildings and gifts of our own English Kings Noble men and Bishops ever since our first conversion are famous in our Histories especially of King Lucius and Ethelbert the two first of the British and Saxon Kings so also of Egbert Alured Ethelwolph Edgar Edward the Confessor and many others in times following after the Conquest no Princes or Nobles being more bountifull then ours in England Their Charters and Acts of Parliament are extant in the first Tome of our Councels by this Authour and many are also mentioned by the learned Selden in his History Now when Churches are built and grants of lands tithes and oblations are freely given by great Kings confirmed by severall Acts of Parliament oftentimes renued and reiterated as by the great Charter thirty times confirmed and many other Statutes since as also by the Text and body of the Common Law which doth affirm Tithes to be due Jure divino as is asserted by that ever honourable Judge and Oracle of Law the Lord Coke in the second part of his Reports L'Evesque de Winchester case fol. 45. Dismes sont choses spirituels due de jure divino Being thus setled and confirmed and thereby becomming fundamentall Laws of the Kingdome they may and ought to be enjoyed peaceably without grudging or repining alienation or spoil without casting an evill eye upon Gods allowance and because he hath given the floure of wheat to make bread for his Sanctuary whereof God himself giveth charge in the last vision of Ezekiel Ezek. 45 c. contained in the last four chapters where he appointeth a third part of the land to be set forth for his Temple Priests and servants besides the portions for the Prince and for the people which vision for performance concerneth the Christian Church and was never fulfilled in the Jewish State as this Author and many others doe shew and there God doth especially forbid alienation selling or exchanging of his Temples portion as being most holy unto the Lord Ezek. 48.14 It concerns us therefore that live in these times of the Christian Church when we see the ancient prophesie fulfilled by Kings and Princes in giving much to the Church to preserve Gods portion entire without alienation spoil or violence The Primitive times of the Church as this Authour sheweth ch 6. as had not been since the very Creation times wherein God opened the windows of persecution and rained bloud upon his Church as hee did water upon the world in the days of Noah during the ten grievous persecutions in the first 300. years after Christ so that no man must expect then to finde setled Lawes for Tithes Lands or maintenance of the Clergy when the Emperors and Magistrates were Heathens persecuting the Church and made many furious edicts for rasing and ruinating of Churches which had been built by Christians in some times of intermission as appears by Eusebius when hee comes to the times of Dioclesian Every good Christian and almost every Clergy-man lost his life for religion no man did care or expect for preferment maintenance or dignity save onely the crown of martyrdome which many thousands did obtain Cap. 6. The Church saith this Author did all that while expose the dugs of her piety unto others but did live her self on thistles and thorns in great want oftentimes necessity and professed poverty Now those men that would reform all according to the pattern of the Primitive Church and the Apostolicall times do not consider that the Clergy must be reduced again to the same condition of poverty want and misery as formerly they were if the pious and charitable gifts and donations of Kings and Nobles in the ages next succeeding the persecutions should be taken away and the ancient patrimony of Tithes abated or subverted by the worldly and covetous practices of them that esteem gaine to be godlinesse The kytes of Satan as this Author tearmeth them have already pulled away many a plume from the Church in severall ages yet thanks be to God there be some feathers left to keep her from shame and nakednesse if the sacrilegious humour of the times prevail not against her And there is the more reason to hope and expect that we may enjoy our portion and tithes quietly because we have so much lesse then the old Priests and Levites received from the people for they had severall tithes and oblations for themselves for the feasts and for the poor wherein they did share in a far greater proportion then is now required by the Clergy of the Gospel The learned Scaliger Selden and many others do prove apparently by instance of particulars that the Israelites did pay out of their increase of corn much more then a tenth even almost a fifth part for severall tithes and duties then commanded to them I will recite Mr Seldens example History ca. 2. § 4. The Husband-mā had growing 6000 Bushels in one year 100 Bushels was the least that could be paid by the husband-man to the Priests for the first-fruits of the threshing floore 5900 Bushels remained
the Deacons which gather wealth to themselves by defrauding the poor let them now so understand this Scripture that they gather no more lest the Lord commeth upon them and overthrow the Tables of their distribution Thus much touching the use of Church goods in the first age of the Church or first 300. yeers of Christ whereby it plainly appeareth that no Ecclesiasticall person enjoyed any thing belonging to the Church to his own benefit but that the Church-men had out of the Revenues and goods of the Church so much onely as sufficed for their necessary maintenance in meat drink cloth and such like the surplusage being faithfully employed to the relief of the poor the needy the widows persons banished for Religion or imprisoned Captives and Christians any way distressed So that the Church exposing all this while the dugs of her piety unto others did live her self on thistles and thorns that is in want necessity and professed poverty When the flood of persecution had prevailed as many years against the Church in the time of the Gospel as that of waters did days against the wicked in the time of Noah and that Constantine like the Dove of the Ark had brought the olive branch of peace unto the people of God the Church then began to smell the sweet savour of rest and changing presently her disposition with her fortune changed also the very policy of her government before in poverty now in riches before a servant now a Mistresse before a Captive now a Conquerour For the noble Constantine being miraculously converted to the faith did not onely free her from persecution but setled her also in the very bosome of peace raised her to honours endowed her with possessions established her with immunities and to be short poured upon her the fulnesse of his regall munificence Insomuch that many prudent Fathers foreseeing then another evill likely to proceed from hence as namely that her plenty might make her wanton and forgetfull of her duty began now to dispute whether it were lawfull for her to accept lands and Temporalties or not Some alledged that the examples of our Saviour and his Apostles bound them to contemn the world and to live in a strict and Stoick kind of poverty Others conceived that course to be but temporall and like a medicinall diet prescribed by Physitians to their patients in sicknesse onely not in health affirming the time to be now come when it pleased God to crown the long-suffering of his Church with the blessings promised in the tenth of Mark v. 29.31 That since they had forsaken house and brethren and sisters and father and mother and wife and children and lands for Christs sake and the Gospel they should receive un hundred fold now at this present with their persecutions and in the world to come eternall life I will not argue this point but letting passe the School-men will rest my self upon the determination of many ancient Councels Fathers and Doctors of the Church who with one consent conclude affirmatively that the Church may hold them And I think their opinion to be of God for that it hath prevailed these 1500. years against all the enemies thereof though the Kytes of Satan have pulled many a plume from it To return to Constantine though he and others by his example did abundantly enrich the Church yet did not the Church-men take these riches to the benefit of themselves and their families but employed them as before to workes of charity Yea Silvester himselfe though the sea of these things flowed into his bosome and were at his pleasure yet took he as sparingly of them as if he had been but a little pitcher suffering the whole streams thereof to run abundantly amongst the children of the church and poor people as did also the other Fathers Priests and Clergy of that time who reckoned not otherwise of riches then as dung which being spread and scattered in the fields of God might make them the more fertile For the resolution then was as in the age before that no Church-man might take Lands to his private use nor the Church her self otherwise then for works of charity and the necessary sustenance of her Ministers not to make stocks or portions for them in earth whose inheritance was in heaven and that had God himself for their portion Therefore Prosper a godly Father of that time Lib. 21. de vita Contemplativa whose authority is often used in the Councel of Aquisgrane disputing the point concludeth it thus If every Minister of the Church have not a Living the Church doth not provide one for him in this world but helpeth him with things necessary that he may receive the reward of his labour in the world to come resting in this life upon the promise of our Saviour To which purpose he applieth the place in the 1 Cor. 9.14 What is it to live of the Gospel but that the labourer should receive his necessaries from the place wherein he laboureth And a little before him Hierome also in his Book De vita Monach Cler. instituenda saith Epist ad Nepotianum If I be the Lords part and the lot of his inheritance not having a part amongst the rest of the Tribes but as a Levite and Priest doe live of tithes and serving at the Altar am sustained by the offerings of the Altar having victuals and cloathing I will be contented herewith and being otherwise naked will follow the naked crosse So in his Book De Co. virginitatis having reproved the curiosity of some Clerks of that time he saith also Habentes victum vestitum his contenti sumus for as Ambrose saith upon Esay 1. Tom. 2. In officio clericatus lucrum non pecuniarum sed acquiritur animarum In the function of a Clegy-man the gain of mony is not to be sought but the gain of souls All these are but particular opinions of some Western Fathers hear now therefore the determination of the Eastern church assembled in the Councell of Antioch Anno 340. cap. 25. Episcopus Ecclesiasticarum rerum habeat potestatem ad dispensandum erga omnes qui indigent cum summa reverentia timore Dei participet autem ipse quibus indiget tam in suis quà m in fratrum qui ab eo suscipiuntur necessariis usibus profuturis ita ut in nullo qualibet occasione fraudentur juxta sanctum Apostolum sic dicentem Habentes victum tegumentum his contenti sumus Quòd si contentus istis minime fuerit convertat autem res ecclesiae in suos usus domesticos ejus commoda vel agrorum fructus non cum Presbyterorum conscientia diaconorumque pertractet sed horum potestatem domesticis suis aut propinquis aut fratribus filiisque committat ut per hujusmodi personas occultè caeterae laedantur ecclesiae Synodo provinciae poenas iste persolvat Si autem aliter accusetur Episcopus aut Presbyteri qui cum ipso sunt quòd
ceremonies and therefore ended with the Leviticall Law These men reason as if before the Leviticall Law there had been no rules of Gods honour and as though the Morall Law and the Law of nature taught us nothing therein Doth not God himself leave the precepts of the Leviticall Law and reason with the Israelites out of the Law of nature Mal. 3. when he saith will any man spoil his goddesse as if he should say that the Law of nature hath sanctified those things that are offered unto God and therefore will any man violate the Law of nature Doth not Saint Paul reason also in the same sort when he saith Despise ye the Church of God 1 Cor. 11.22 If I should apply the places of Scripture that are spoken of the great reverence of the Temple it would be said that that were Leviticall but the office of the Temple was Morall as well as Leviticall and therefore though these be ended yet the other the Morall remaineth When Christ had cast the oxen doves that were for the Leviticall service out of the Temple yet he said that it was an house of Prayer as figurating that after the ceremonies were ended and gone yet the Morall office of the Temple to be an house of Prayer still remained Saint Paul 1 Cor. 11.22 when he saith Despise yee the Church of God speaking it as if he wondred that any should be so irreligious or rather sacrilegious to despise the Church and no man I think doubteth but that this was spoken of the materiall Church for he blameth them that did use unseemly drinking in the Church See the first Treatise Note of the rights and respect due § 10. Of the three severall places and three functions of the Temple and how the last continueth holy for Prayer Doctrine and instruction of the people which therefore had in it no Ceremoniall implement at all CAP. XVIII Tithes must not be contemned because they were used by the Church of Rome IF we should reject Tithes because they were used by the Church of Rome by the same reason we must also reject our Churches but the Apostles used both the Synagogues and the Temple it self after Christs Ascension though they were polluted with the doctrine and ceremonies of the Jews and therefore we are not to reject Tithes and other things profitable to Gods service because the Papists used or misused them The Censors ordained for Gods honour were impiously abused by Corah Dathan and Abiram yet God rejected them not but commanded them to be still employed in some better course of his service namely in making plates for the Altar Numb 16.38 And by this Scripture doth Hugo and Origen reprove them that judge the works of an heretique to be burned without preserving the good things in them and the Altar to be pulled down wherear a Schismatique hath ministred Hugo in Genes 16. fol. 136. a. and Origen in Homil. 9. sup Num. fol. 104. God refused not the burnt-offering of Gedeon though he made it with the idolatrous wood of Baals grove yea himself commanded it so Judg. 6.26 and in the Gospel the offerings of the proud Pharisees were as well received into the Treasury of the Temple as the mite of the poor widow When Jericho was destroyed and accursed yet God required the gold and silver for his holy utensils Jos 6.19 For though filthy gains are forbidden to be offered unto God yet good things because they have been abused are not forbidden to be offered unto him When the pottage provided for sustenance of the children of the Prophets was infected by him that threw in the wilde gourdes or colloquintida Elisha the Prophet commanded them not to be cast away but cleansing them from their infectious venome used them still for food of the children 2 Kings 4.38 So if the pottage of the Ministers have been abused with Roman Colloquintida purge the infection but take not their pottage I mean their Tithes from them Aristophanes bringeth in Heroules laughing to see effeminate Baccbus clad in the Lions skin In Ranis but we may well lament to see a spruce Castilio and his masking mistresse trickt and trimmed up with those Church-livings that godly and grave men in times past gave for maintenance of Gods service and the Ministers thereof I can but wonder what should move Flacius Illyricus a man so conversant in the history of the Church to affirm Decimas nupeius extortas per papas Catal test ter primo impositas in Concil per Pelagium Papam Anno 588. that Tithes were lately extorted by the Popes and that they were first imposed by Pope Pelagius in the Councell Anno 588. unlesse his meaning be that in elder times they were paid at pleasure and now first commanded to be paid of duty which construction though contrary to the understanding of a common Reader if we doe allow him yet is it untrue also for that Councell reciteth that they had been paid before of long time and that by the whole multitude of Christians and as due by the Word of God and consequently not at pleasure Concil Matisconense 2. c. 5. Anno 588. Tom. 2. So that this Councell did but revive and quicken the cold devotion of that time and not inferre new matters unheard of before CAP. XIX That the Tradition of ancient Fathers and Councels is not lightly to be regarded IT appeareth by divers ancient Fathers and Councels that Tithes were paid long before their times in the Primitive Church and were unto the age of the Apostles though little memory thereof remaineth in the Authors of those times And shall we not beleeve the Fathers received such instruction from their elders Doth not God bid us ask after the days of old and the years of so many generations saying Ask thy father and he will shew thee thine elders and they will tell thee Deut. 32.7 If we shall not beleeve them why should we ask them and why did the children of Israel complain that their Fathers heard not the words of the book of the Law 2 Kings 22.13 but because they therefore could not report it to them their children Shall we think nothing to be done but what is written doth not the Evangelist tell us that if all were written that Christ did he supposed the world could not contain the books Joh. 21.25 are not many actions of elder time alledged in latter Scriptures and yet no testimony of them in the former it is said 1 Chro. 26.18 that Samuel Abner and Joab dedicated many things unto God yet their story reporteth no such matter Solomon is noted 1 Chron. 10. to have kept a famous Passeover yet is there not a word of it in the history of his time Fasting was brought into the Church before Christ and the use also of building of Synagogues but it appeareth not when or how Paul alledgeth that our Saviour said It is better to give then to take Act. 20.35 yet no Evangelist doth mention it
Jude saith v. 9. that Michael and the Devil strove for the body of Moses yet the Old Testament noteth no such thing how then came they by these instructions Surely by books that are perished or by inspiration or by relation of others and doubtlesse the ancient Fathers came to the knowledge of many things by all these ways First by books that be perished for it is manifest by Eusebius Jerome Gennadius and others that the ancient Fathers saw many thousands which are not now extant If by inspiration the holy Ghost that was sent down upon the Apostles and passed from one to another returned not by and by to heaven but remained actually amongst the Fathers of the Primitive Church and therefore what they generally taught is carefully to be kept But if they received these things by Tradition the very Tradition of those first ages of the Church are much to be received for all that time no doubt infinite speeches and actions of Christ and the Apostles whereof many were collected by Ignatius and Papias as Jerome reporteth but now lost were then fresh in the mouths of every man as not onely the Fathers of that time doe abundantly testifie but our own experience also induceth us to conceive for doe not we our selves hear and beleeve many things to be done in the time of King Hen. 8. that never yet were written nor like to be CAP. XX. Ancient Councels and Canons for payment of Tithes THe Canons attributed to the Apostles come first in rank to be mentioned yet I will not insist upon them Neither doth Bellarmine as they are now published maintain them to be the children of those Fathers Yet can it not be denyed that the first 35. of them are very ancient and neer the time of the Apostles for Dionysius Exigu that lived within 400. yeares of the Apostles translated them out of Greek as received long before in the Eastern Church The fifth of those Canons ordaineth that all other fruit should be sent as first-fruit and tithe home to the house of the Bishop and Priests and not to be offered upon the Altar adding further that it was manifest that the Bishops and Priests did divide it to the Deacons and the rest of the Clerks And though the Greek copy in this place calleth not these fruits 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tithes yet the Canon seemeth to bee meant thereof for other fruit none was to be carried to the house of the Bishop or to bee divided amongst the Priests and the Deacons save offerings tithes and first-fruits therefore the old Translation of the Canons out of Zonaras expresseth it tithe and first-fruits And this fashion here received of sending these things to the house of the Bishop and his dividing of them among the Priests and Deacons sheweth the great antiquity of this Canon for it appeareth that the first usage was so and that the Ministers had menstruam sportulam every month a basket of the offerings and tithes for their maintenance whereupon they were called Clerici sportulantes i. basket Clerks Vid. Cyprian Epist 34. 66. Baron anno Ch. 57. Num. 72. 145. anno 58. Num. 89. And the people then offered accustomably to the Altar and for the maintenance of the Priests Concilium Agrippinenese cap. 6. Anno 356. first decreeth that Tithes shall be called Dei Census Gods rent and reciting that the third part thereof as was declared in the Toletan Councell belonged to the Bishops yet according to the Roman use they agreed to take but every year the fourth part which upon excommunication they commanded to be paid Burchand lib. 3. ca. 135. Concil Romanum 4. sub Damaso Damas pa. patrim adiit 367. about the year 375. amongst the Decrees thereof it is ordained ut decimae atque primitiae à fidelibus darentur qui detrectant anathemate feriantur that tithes and first fruits should be paid by the faithful Concil Aurelianense 1. sub Symmacho An. 507. Can. 17. decreeth that the Bishops shal have every year the fourth part or every fourth year the whole tithe Tom. 2. Con. Concilium Tarraconense sub Hormisda An. 517. Can. 8. juxta Burchandum 9. juxta Bin. saith that it was an Order antiquae consuetudinis that the Bishop should have the third part of all things yeerly and therefore willed it still to be kept Burchard lib. 3. Ca. 33. Bin. Tom. 2. Conc. Concilium Mediomatricis Anno willeth the Bishops to reprove prohibeant them that would not pay Tithe without some reward be given them Bur. l. 3. C. 134. Concilium Toletanum Anno 533. divideth all Church rights into two sorts of oblations one to be those that are offered i. e. given to the Parish Churches as Lands Vineyards bond-men c. and willeth that these should be wholly in the ordering of the Bishops The other to be those of the Altar whereof it commanded the third part to be carried to the Bishop and two parts to be for the Clerks And of Tithes it saith that according to some the third part yearly or every third year the whole was so paid But that they following the manner of the Roman Church decreed that the Bishops should have every year the fourth part or every fourth year the whole tithe Burchard lib. 3. C. 136. Bin. paulo aliter Tom. 1. In a collection of Canons of an uncertain Author in the Vatican Library this is attributed to Sylvester who was Bishop of Rome 315. Binnius in a note upon this Canon somewhat differeth in words Concilium Matisconense 2. sub Pelagio 2. Anno 588. affirmeth Tithes to be due by the Laws of God Hoc confirm Con. Hispalens Tom. 2. Et approbat per Gualter Hospinian de origin honorum ecclesiae ca. 3. p. 123. that the whole multitude of Christians kept those Laws very warily of long time that by little and little they were in those days almost wholly neglected And this Councell decreeth that the ancient usage of the faithfull should bee revived and that all the people should bring in their Tithes to them that ministred the ceremonies of the Church c. otherwise to bee excommunicated Tom. 2. Con. Concilium Hispalense sub Gregorio 1. Anno 590. concludeth thus That if any mantithe not all these things viz. before named he is a spoiler of God a thief and a robber and the cursings that God put upon Cain for his deceitfull dividing are cast likewise upon him Ivo p. 2. 174. Tom. 2. Concil Concil Valentinum sub Leone 4. Anno 858. ca. 10. That all faithfull men should with all readinesse offer their ninths and tithes to God of all that they possesse c. upon perill of excommunication Tom. 3. Con. Concil Rothoma cap. 3. nameth particularly what ought to be tithed and commandeth to doe it upon pain of excommunication Burchard li. 3. ca. 130. and annexeth the Councell Mogunt ca. 38. Concil Cavallon ca. 18. Anno 813. That Bishops Abbots and religious persons should pay
a thousand hils yet read we not that he once killed so much as a Calfe for the provision of his family for flesh could not be had but for money and money going always low with him he used such kinde of victuals especially as might always be supplyed unto him by the industry of his Disciples from the common storehouse of nature the sea without being beholding or burdensome to any man In this frugality lived our Saviour touching his houshold expence that there might be the greater remanet for the poor and from this modell of the Church in his poor family was the great frame of the Universall Church first devised as well for raising as disposing of her Revenues the means of raising them from the oblations and devotion of the people the manner of employment of them for the necessity onely of the Minister and poor Thus much doth Augustine also declare upon the place alledged out of Saint John Tractat. 62. Habebat Dominus loculos â—ist 12.9.1 Habebat c. Our Lord had his treasury or bagge wherein he kept the things that were offered by the faithfull and did distribute them to his family and such other as had need then first was the form of Church government instituted The Apostles following our Saviour exactly would not be rich servants of a poor master nor owners of any thing when their Lord himself possessed nothing holding it therefore not fit for them aut in imis consistere sed nec in mediis they reached at the highest garland of perfection and because their master had said Let him that will be perfect sell all that he hath and give to the poor whatsoever was their own and whatsoever was given them by others they cast it all into the common treasury disposing it by their masters example to two uses onely Hospitality and Alms or works of charity in their hospitality they provided for the whole family of the Church then living with them at Jerusalem out of which arose the great businesse of serving the Tables spoken of in the Acts all of them jointly caring for every man in particular and every man particularly applying himself to support the generall Their alms and part assigned to them in necessity they dispersed fully and faithfully not onely to the poor of their own Town City or Countrey but wheresoever through the world the members of Christ had need And so carefull they were in employing these things to the highest benefit and honour of the church that Paul chused rather to live in want and earn his sustenance with his fingers then to diminish this blessed portion by taking his due share out of it Yea the only thing that the Apostles gave so precisely in charge one unto the other was in every passage that they should remember the poor Gal. 2.10 Act. 11.36 2 Cor. 9.3 as the bowels of Christ the darlings of the Church and those whom God especially had chosen to be rich in faith and heirs of the kingdome Jam. 2.5 With this mortar I mean this blessed theologicall work of charity which S. Paul so highly extolleth above other did our Saviour lay the first stones in the foundation of his Church and with it to hold uniformity did the Apostles build the second course commending the pattern to be for ever after pursued throughout all ages for whatsoever is built without it is like stones laid without mortar which cannot therefore couple together and grow into an holy Temple in the Lord as is required Eph. 2.21 In the succeeding Church founded by Saint Mark the Disciple of Saint Peter at Alexandria in Egypt the same rule used before by the Apostles at Jerusalem was so precisely established â—ieron in vita Marci that he thereby drew all Christians to follow his example insomuch that Philo Judaeus a famous Author of that time reporteth that not onely there but in many other Provinces the Christians lived together in societies and he calleth even then their habitations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Monasteries saying that none among them possessed any thing to his private use no man was rich no man poor but all divided their substance to them in necessity disposing themselves wholly to Prayer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. â—mperantia â—mtinentia moestia singing of Psalms to matter of doctrine and to temperance Come lower down Dionysius Corinthius in an Epistle to Soter Bishop of Rome in the year of Christ 170. congratulateth with him that the Church of Rome still continued her ancient use in dispersing her goods in works of charity It is now growne to be an ancient custome with you to bestow many benefits upon all the brethren of the Church and to send maintenance to the Churches in every City so that thereby you doe not onely relieve the necessity of the poor but of the brethren also which are condemned to the slavery of the metall Mynes and by this benevolence of yours which now you have used to send into all places even from the first Plantation of your Church your selves being Romans have diligently preserved the Romans custome instituted by the Fathers which also your Bishop the blessed Soter hath hitherto kept very diligently and by his laborious industry wonderfully advanced not onely in distributing lovingly unto the Saints the goods ordained to their maintenance but like a mercifull and milde father towards his children in exhorting the brethren which come unto him to vertue by blessed and devout perswasions I report this place at large for that this use continued exactly in the Church as Eusebius reciting it affirmeth till the great persecution under Maximinian and Dioclesian which began about the year of our Lord 304. being the age wherein Eusebius himself lived as he there also testifieth lib. 4. cap. 22. And that it was not thus in Rome onely but in Africa and other Churches it appeareth plainly by Tertullian in Apologet. cap. 39. where upbraiding the Gentiles with the piety and devotion of Christians he saith Etiam si quid arcae genus est c. whatsoever we have in the treasury of our Churches is not raised by taxation as though we put men to ransome their Religion but every man that will once a moneth or when it pleaseth himself bestoweth what he thinks good and not without he listeth for no man is compelled but left freely to his own discretion That which is given is accounted as Depositum pietatis the pledge of devotion for it is not bestowed in banqueting quaffing or gluttony but in nourishing and burying the poor and upon children destitute both of parents and maintenance aged and feeble persons men wracked by sea and such as are damned to the metall mines banished into Islands or cast into prison professing the true God and the Christian faith I might thus passe over the first 300. years of the Church but I desire to make it more apparent how the Clergy of those times lived as well for conversation as for
goods but as Abraham did also to Melchisedek present unto them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the very top and chiefest part thereof following Abraham in offering the fat and abhorring to give the carrion things unto God like the sacrifice of Cain And that it may be no disgrace to the honourable Ministers of the Church to live thus ex sportula let me note by the way that the Kings and Princes of the world are likewise said to live ex sportula for their Exchequer or Treasury hath thereupon the name of Fiscus which word as appeareth by Ascanius is all one with sportula Strigelius in leg lib. 2. pag. 307. Fisci fiscinae fiscellae saith he sportea sunt utensilia ad majoris summae pecunias capiendas unde quia major summa est pecuniae publicae quà m privatae factum est ut fiscus pro pecunia publica inde confiscare dicatur a little before he saith Sportae sportulae sportellae munerum sunt receptacula And let me also remember that in the Easterne Empire the Master of the Store-house and Wardrobe as well Palatine as Ecclesiastical was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Codin p. 5. Suidas and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Canistro vel Sportula Touching Lands though the Churches at this time had little yet were they not altogether without any as appeareth partly by that which Eusebius reporteth of Paulus Samosatenus that under Aurelian the Emperour i. e. about the yeare 274. he wrongfully invaded an house belonging to the Church of Antioch But more amply by the edict of Licinius Apud Euseb l. 10. ca. 5. and Constantine where it is expresly commanded that all Lands and places which belonged to the Christians as well for their publique use as in their private possession that had been taken from them in the persecution of Dioclesian should be restored to them Platina saith that Vrbane Bishop of Rome anno 227. first instituted that the Church might receive Lands and possessions offered by the faithfull and then sheweth to what end she might enjoy them namely that the Revenues thereof should be distributed by portions to every man and that no man should have them to his particular benefit Vrbane himself in the Decretall Epistle attributed unto him affirmeth this usage to be more ancient saying also that the Bishops within their Diocese and other faithfull persons appointed by them both did and ought to distribute these Revenues in manner before mentioned adding further that they were called the oblations of the faithfull for that they were offered unto God and that they ought not to be otherwise employed then to Ecclesiasticall uses the relief of Christian brethren living together in common and of the poor people for that they are the vows of the faithfull the price of sin the patrimony of the poor and delivered over unto the Lord for the performance of this work Many account this Epistle Apocryphall I will therefore strengthen it with the opinion of Origen a Father of those times who in his 16. Homily upon Genesis disputeth it to be utterly unlawfull for the Ministers of the Gospel to possesse any Lands to their own use for so I understand him confessing himself not to be faultlesse herein and therefore exhorting others to joyn with him in Reformation thereof he saith Festinemus transire à sacerdotibus Pharaonis let us make haste to depart from the Priests of Pharaoh who enjoy earthly possessions to the Priests of the Lord who have no portion in earth for that the Lord is their portion fol. 26. col 3. And to shew to what end the Church enjoyeth her goods and in what manner they ought to be divided amongst her Ministers and poor children in his 31. Homily upon Matthew he saith Opus habemus ut fideles simus pariter prudentes ad dispensandos ecclesiae reditus c. It behoveth us to be faithfull in disposing the rents of the Church Faithfull that we our selves devour not those things which belong unto the widows and that we be mindfull of the poor and because it is written The Lord hath appointed that they which preach the Gospel 1 Cor. 9.14 should live of the Gospel that we therefore take not occasion to seek more for our selves then our simple diet and necessary apparell retaining a greater portion to our selves then that we give to the brethren that are hungry and thirsty and naked and which suffer necessity in secular affairs Discreet as to minister to every man his portion according to his rank and dignity remembring that which is said Blessed is he which considereth the poor and needy Psal 41. for it is not sufficient for us simply to give away the goods of the Church so to keep our selves clear from devouring or stealing of them but we must wisely consider every mans necessity how he falleth into it what his dignity is how he came by it how much he needeth and for what cause he needeth it We must not therefore deal alike with them which were pincht and hardly brought up in their infancy and with them who being nourished delicately and plentifully are now fallen into necessity Neither must we minister the same things to men and to women nor like quantity to old men and young men nor to sickly young men that are not able to earn their living and those which have somwhat of their own to maintain themselves withall It must also be considered whether they have many children and whether those children be idle or industrious and how far forth they are insufficient to provide for themselves to bee short there is great wisdome required in him that would well dispose the Revenues of the Church and that by being a faithfull and discreet disposer hee may become an happy man Thus far Origen to which purpose Cyprian also in his Epistle to Eucratius lib. 1. Epist 10. sheweth that the Church maintained many poor and that her own diet was frugalioribus innocentibus cibis sparing and plain and all her expence sumptibus parcioribus quidem sed salutaribus full of frugality but sufficient for health The persons by whom this distribution of Church goods was made were chiefly the Bishops as appeareth by the former Epistle of Vrbane and Deacons appointed under them as in the times of the Apostles Acts 6. Therefore Origen in his 16. Homily upon Matthew fol. 31. col 4. taxing the unfaithfull Deacons saith Diaconi autem c. But the Deacons which govern not well the tables of the Ecclesiasticall money that is the goods and Revenues of the Church but doe always purloin them not distributing that which they give according unto judgement and so become rich by that which belongeth unto the poor they are the Exchangers whose Tables Christ will overthrow For the Apostles in their Acts teach us that the Deacons are Governours of the Tables of Ecclesiasticall moneys or Revenues c. and again after unusquisque diaconorum Every one of
time I speak of Well It will be said that all this is nothing if the Word of God commandeth it not for every thing must be weighed and valued by the shekel of the Sanctuary Lev. 27.25 They may by the same reason take away our Churches for I finde not in all the Bible any Text wherein it is commanded that we should build us Churches Perkins dem Problem 9. neither did the Christians either in the Apostles time nor 100. yeares after build themselves Churches like these of ours but contented themselves at first to meet in houses which thereupon were called ades sacrae And to shew that they were commanded by the Levitical Law will not serve our turn for it will be said the Statute of repeal even the two words spoken by our Saviour upon the Crosse Consummatum est Iohn 19.30 clearly abrogated that Law but it is to be well examined how far this repeal extendeth for though the letter of it be taken away yet the spirituall sense thereof remaineth for Ierome saith Singulae paene syllabae c. spirant coelestia sacramenta Tom. 3. Paulino Epist that almost every syllable thereof breatheth forth an heavenly sacrament Saint Augustine saith the Christians doe keep it spiritually so that if tithe be not given in the tenth according to the Leviticall Institution yet the spirituall meaning of providing for the Clergy our Levites remaineth But with the precepts of the Leviticall and Ceremoniall Laws divers rules of the Morall Law are also mingled as the Laws against Witches Not to reap every corner of our field nor to gather our fruit clean not to keep the pledge that belongeth to the person of our brother Userers Oppressors c. the Laws that command us to lend to our brother without interest and to sanctifie the Sabbath for though the Institution of the Sabbath be changed yet the spirituall observation remaineth and that not onely in the manner of sanctifying it but as touching the time also even the seventh day Notwithstanding I find not that the Apostles commanded us to change it but because they did change it we take their practice to be as a Law unto us yet though they changed the time they altered not the number that is the seventh day I will then reason that God hath as good right to our goods of the world as to the days of our life and that a part of them belong unto him as well as the other And the action of Abraham and Jacob may as well be a precedent to us for the one in what proportion we are to render them as that of the Apostles in the other for both of them were out of the Law the one after it the other before it And why may not the limitation of the day appointed to the Lord for his Sabbath be altered and changed as well as the portion appointed to him for the tenth You will say the seventh day was not due to him by the law of nature for then Abraham and the Fathers should have kept it before the Law given but it held the fittest analogy to that naturall duty that we owe to the service of God and therefore when that portion of time was once particularly chosen by God for his service by reason himself had commanded it under the Law the Apostles after the Law was abolished retained it in the Gospel And so since the number of the tenth was both given to God before the Law and required by him in the time of the Law being also most consonant to all other respects great reason it is to hold it in the age of the Gospel Yet with this difference that in the old Law the Sabbath was the last part of the seven days and in the Gospel it is the first because our Saviour rose from the dead the first day of the week and not the seventh God is our Lord and we owe him both rent and service our service is appointed to bee due every seventh day our rent to be the tenth part of our encrease He dealeth not like the hard Landlords that will have their rent though their Tenants bee losers by their Land but he requireth nothing save out of their gain and but the tenth part thereof onely These two retributions of rendring him the seventh day of our life and the tenth part of our goods are a plain demonstration to us of our spirituall and temporall duty towards God Spiritually in keeping the Sabbath and temporally in payment of tithes that is in providing for his Ministery and them in necessity the one being the image of our faith the other of our works for seven is the number of spirituall sanctification ten the number of legall justification Therefore to pay all the nine parts was nothing if we failed in the tenth for the tenth is the number of perfection and therefore required above all other as the type of legall justification And as our faith is nothing without works so neither is the Sabbath without tithes for they that minister to us the spirituall blessings of the Sabbath must receive from us the temporall gratuities of Tithing CAP. XXVI That they are due by the Law of Nations THe Law of Nations is that which groundeth it self upon such manifest rules of reason as all the Nations of the world perceive them to be just and do therefore admit them as effectually by the instinct of nature as if they had been concluded of by an universall Parliament Therefore in truth this is no other but that which the Philosophers call the law of Nature Oratours the law of Reason Divines the Morall law and Civilians the Law of Nations As far then as Tithe is due by one of these so far likewise it is due by all the rest and consequently the reasons that prove it in the one doe in like manner prove it in all the other I will not therefore insist here upon arguments but remit you to that hath been formerly said touching the law of Nature and demonstrate unto you by the practice of all Nations what the resolution of the world hath been herein through all ages So ancient it is among the Heathens that good Divines are of opinion that Abraham took example thereof from the Heathen but others with more reason conceive it to be practised even by the children of Adam as well as sacrificing and the offering of first-fruits as by the opinion of Hugo Cardinalis I have shewed in another place Besides I find not any mention of Tithe paid by the Gentiles before the time of Dionysius commonly called Bacchus who having conquered the Indians sent a Present of the spoil Magno Jovi as Ovid witnesseth and this was about 600. after that Abraham tithed to Melchisedek Cyrus having collected a great sum of mony amongst his captives caused it to be divided delivered the tithe thereof to the Praetors to be consecrated to Apollo and Diana of Ephesus as he had vowed Xenophon in
that Nicholas 2. doubted not to commit the government of all the Churches of England unto Edward the Confessor as by and by we shall more largely declare And the Kings of France being so likewise consecrated ever since the time of Clodoveus aliàs Ludovicus whom Saint Remigius Bishop of Rheimes both baptized and anointed about the year of our Lord 500. have from time to time in all ancient ages exercised the like Ecclesiasticall jurisdiction insomuch that Clodoveus himself being but newly entred into is doubted not to appoint a Councell at Orleans and to call thither the Bishops and Clergy of France but out of the motion of Priestly minde to use the very words of the Councell cōmanded the Priests meaning the Bishops to assemble there for debating necessary matters which in his own consideration he had advised upon and delivered to them in heads and titles and they having answered thereunto and framed the Canons of that Councell accordingly did submit them to his judgement and desiring if it approved them himself for greater authority would confirm them Tom. 2. Concil pag. 309. in rescripto Synodi The Kings of Jerusalem and Sicil were also anointed and endowed with Ecclesiasticall authority whereof we shall speak more anon for the right of both these Kingdomes resideth at this present upon the Kings of Spain who till the same came unto them were neither anointed nor crowned and though since that time they have been dignified with both these Prerogatives yet are they not so illustrious in them as in the Kings of England and France for that these are ancient Kingdomes raised by their own power and prowesse and those other of lesse continuance erected by the Pope and not absolute but Feodaries of his Sea And touching that of France also the meer right thereof resteth upon his Majesty of England though de facto another for the time possesseth it So that in this point of unction our Soveraign the King of England is amongst the rest of the Kings of Christendome at this day Peerlesse and transcendent and well therefore might William Rufus say that himself had all the liberties in his Kingdome which the Emperour challenged in his Empire Mat. Paris But I wonder why the Papists should so considently deny the Kings of England to be capable of spirituall jurisdiction when Pope Nicholas 2. of whom wee spake before in an Epistle to King Edward the Confessor hath upon the matter agreed that it may be so for amongst other priviledges that he there bestoweth upon the Church of Saint Peter of Westminster then newly founded by that vertuous King He granteth and absolutely confirmeth that it shall for ever be a place of Regall Constitution and Consecration and a perpetuall habitation of Monkes that shall be subject to no living creature but the King himself free from Episcopall service and authority and where no Bishop shall enter to give any orders c. Tom. Concil part 3. pa. 1129. a. In which words I note first that the Kings of England in those ancient days being before their Coronation meerly Lay persons were by their consecration made candidati Ecclesiasticae potestatis and admitted to the administration thereof for to what other purpose was Consecration ordained but to make secular things to belong unto the Temple and Lay persons to become sacred and Ecclesiasticall like Jacobs stone in the time of the Morall Law which presently upon the anointing thereof became appropriate to the House of God Secondly he plainly maketh the King head of this Monastery that is of the place it self and of all the persons and members therof which then by consequence he might likewise be of all other Ecclesiasticall persons and places through the whole Kingdome And even that also he granteth in a sort in the end of his Epistle Vobis posteris vestris regibus committimus advocationem tuitionem ejusdem loci omnium totius Angliae Ecclesiarum ut vice nostra cum concilio Episcoporum Abbatum constituatis ubique quae justa sunt So that if the Kings of England be pleased to execute this Ecclesiasticall authority as the Popes Vicar then by this his Charter they are invested therewith and peradventure the Clergy of Rome can never revoke it being granted posteris regibus and the Epistles of the Popes being as Barclayus saith of Nich. 1. to Michael the Emperour as an Ecclesiasticall Law Lib. de potest Papae ca. 2. pag. 13. But in the mean time it is hereby evident which I endeavour to prove that the Kings of England are justly capable of spirituall jurisdiction by the Popes own confession for which purpose onely I here alledge it And to give more life to the matter it appeareth by Baronius that Pope Vrbane the granted not onely as much in the Kingdome of Sicil to the King of Spain being the anointed King thereof but added also to that his Ecclesiasticall jurisdiction divers branches of spirituall power belonging meerly to the keys and not to the sword that is to the very function of a Bishop as namely that of Excommunication All which though Baronius impugneth mainly to be of no validity because that all things are void he saith that the Church doth against her self yet the King of Spain both holdeth and exerciseth this function and jurisdiction onely by the connivency of the Pope but defended therein by Cardinall Ascanius Colonna against Baronius But to leave forain examples and to goe on with our domesticall precedents It is manifest by other ancient Authorities Charters and Manuscripts that the Pope thereby granted no more to King Edward and his successors then the same King and his Predecessors before assumed to themselves For this Epistle could not be written to S. Edward before the end of his reign Nicholas not being Pope till then and in the Laws of the same King before that time published himself doth plainly declare himself to be Vicarius summi Regis not summi pontificis yea and that in the government of the Church For the words of his own Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 17. be these The King because he is the Vicar of the highest King is appointed to this purpose that he should rule his earthly Kingdome and the Lords people and should above all things worship his holy Church and govern it and defend it against them that would wrong it and to pull the evill doers out of it c. So that write the Pope what he will S. Edward here taketh upon him to have the rule and government of the Church of England committed to him from God and not from the Pope and to be Gods Vicar not the Popes wherein he imitated his predecessors for King Edgar speaking of the government of the Church saith in plain tearms that it belonged to himself ad nos saith he spectat And because Casaubon in citing this place out of the Manuscript is charged by Parsons to falsifie it and that it is or should be on the
Tithes too hot to be Touched Certain TREATISES wherein is shewen that Tithes are Due By the law of Nature Scripture Nations therefore neither Jewish Popish or Inconvenient Written by Sr. HENRY SPELMAN Knight and others With an Alphabeticall Table MAL. iii. 10. 12. Bring ye all the Tithes into the store-house that there may be meat in mine house and prove me now herewith saith the Lord of Hosts if I will not open you the windows of Heaven and poure you out a blessing that there shall not be room enough to receive it ROM ii 22. Thou that abhorrest idols dost thou commit Sacriledge LONDON Printed for Philemon Stephens at the gilded Lion in Pauls Church-yard The names of the severall Treatises are these 1. The Larger Book of Tithes 2. An Apologie of the Treatise De non temerandis Ecclesiis 3. An Epistle to Mr. Richard Carew concerning Tithes 4. A Treatise of Impropriations by Sr. Francis Bigot Knight of Yorkshire 5. An Epistle to the Church of Scotland prefixed to the second edition of the first Treatise printed at Edenburgh 6. A Resolution of a doubt touching the alienation of Tithes To the Enemies of TITHES BOoks are not written for such as making their Will and their Power the measure of their actions esteeme nothing unlawfull but what is unpossible but for those that desire to act as rational Creatures and will suffer themselves to be led by Religion and Reason And such I doubt not there be many even amongst those which now finde fault with the Ministers portion Men that drive not on their designes for private ends but conceiving Tithes to be either Jewish Antichristian or Inconvenient think they shall do God and the Church good service by seeking the abolishment of this and the establishment of some other maintenance for the Minister Let these consider that our Saviour foretold his Disciples that the time would come that whosoever should kill them would think they did God service John 16.2 and learn thence that it is possible for them also to be mistaken in their present opinion and therefore before they proceed any further let them take but this Book in hand and peruse it well without passion or prejudice and I am confident that they will find their objections answered their judgements rectified and their resolutions turned the other way and as David blessed God for sending Abigail to cool his rage and keep him from his revengefull purpose so they will blesse him for this worthy Knight that so happily met them in their Carreire and stopped them from running into that which I know they abhorre the guilt at least the suspicion of Sacriledge Such effects as ye shall * Epist to the Reader p. 21. read his learned works have wrought already yea farre greater For it is harder to perswade men to restore what they actually possess then to forbear seeking what they never had Let those that preferr a good Conscience before a great estate reade also that most judicious piece of Sr. Henry Spelman which hath here an Apologie though indeed it needed none De non temerandis Ecclesiis God in mercy blesse these and the labours of other his servants for the maintenance of his Church and the advancement of his glory Reader THat the Table may be more readily used write the the number of every page of the Preface with thy pen it being omitted by the Author which is likewise to be done in Sr. Henry Spelmans Apology His Epistle to Mr. Carew Sr. Francis Bigot's Epistle to King Henry the Eighth and and the Epistle of Mr. Knox. A Table of the Principall matters contained in the ensuing Tracts wherein St. signifieth Mr. Stephens Preface Sp. Sr. Henry Spelmans Treatise Ap. his Apologie Ep. his Epistle to Mr. Carew B. Sr. Francis Bigod's Preface to Henry the eighth Sc. The Epistles to the Scottish Clergy R. The Resolution of a doubt concerning the alienation of Tithes Introd Sr. H. Spelmans Introduction A ABingdon Abbay its Charter Sp. 185 Abuse of things taketh not away the use of them Sp. 84 Alienation of Church-means unlawfull St. 7. See Sacriledge and Appropriations Almes See Charity Offerings and Poor Alured See Kings Ambrose mistaken in the time when Jereremie lived Sp. 96. His slout and pious repulse of the Emperours demand Sp. 139 Anabaptists their wild principles and practices R. 3 4. See Tythes Anointing of Kings signifieth their spirituall jurisdiction Sp. 176 Apostles maintenance what it was Sp. 13. c. Why they resused what they knew belonged unto them Sp. 52. c. How carefull they were of the poor Sp. 13 Necessitie forced them to admit and omit what they otherwise would not Sp. 48 c. Their peregrinations Sp. 53 54 Approprietaries cannot by right grant their estate to others Sp. 160 Appropriations against the Word of God B. 3 Their originall Sp. 151 c. What difference between Appropriations and Impropriations Sp. 152. Whether Tythes and Appropriations belonged to Monasteries or not Sp. 163. In what sort they were granted to the King Sp. 164. and to what end Sp. 165. He ought not to have taken them Sp. 167 The Statute that transferred them seemeth to have been passed in hast Sp. 170 Ep. 2 c. How Bishops came to passe the Bill for them Sp. 156. Ep. 2. None properly capable of them but Spirituall men Sp. 159. The King may better hold them then any of his Lay-subiects Sp. 154 155. Though in the hands of Lay-men they continue still Spirituall livings Sp. 154 157. They that have them are bound if they will not be guiltie of the bloud of souls to restore them Sp. 169. Sr. H. Spelman's confidence that ere long they shall be restored Sp. 171. The number of Appropriations in England Ap. 16 Aristotle's iudgement concerning Tithes Sp. 120 B BAcchus gave first-fruits to Jupiter Sp. 108 Barbarous nations longer retain antient customs and naturall notions then those that are civilized Sp. 124 Battail-Abbay how largely priviledged Sp. 186 Bede commended Ap. 12 Benefactours Three things due to them Introd Benevolence of the people an unfit maintenance for the Minister Sp. 55 56. Sc. 3 Sr. Francis Bigot B. 5 Bishops when first ordained Sp. 50. What part of the Tithes was antiently allotted them Sp. 88-92 Of old Bishops were ioynt Magistrates with Earls in England Sp. 41.131 Boldness no sure signe of a good cause R. 19 C 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sp. 20 Mr. Richard Carew Ap. 5. Ep. 1 The Cartheginians smarted for neglecting to send Tithes to Hercules Sp. 124. They used to sacrifice their children to Saturn Sp. 125 Ceremonies why not all at once abolished by the Apostles Sp. 48 The Charitie of antient Christians Sp. 13 c. With what discretion we should guide our Charity Sp. 22 Christians of old how zealous in building and endowing of Churches St. 6 Christs zeal wherein especially shewen St. 16 Which his greatest miracle ibid. How frugally he maintained himself and his followers Sp. 11.
His command to his disciples Not to take ought with them bindeth not Ministers now Sp. 44. His miracle of the loaves how to be imitated by his Ministers Sp. 55 56. His living upon almes tieth not Ministers to the same course Sp. 55 Church its etymology and signification Ap. 11 12. See 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 There were Churches and Priests and Tithes before the Law Sp. 10. Church-maintenance in the Primitive times what and how imployed Sp. 16-24 No expresse command for the building of Churches Sp. 110. Of the holinesse of Churches Sp. 82. Churches and Ministers necessary Ap. 15. Whether the Church may possess lands and temporalties Sp. 24. c. Of the maintenance of the Church of Jerusalem Sp. 13. Alexandria Sp. 14 Rome Sp. 14. Africa Sp. 15. The Church of England a while ago the most flourishing in Christendome St. 20. Churches in England how many appropriate how many not Ap. 16. See Clergy The miserable condition of the Greek Church R. 26. Church-government why so long in settling Sp. 46-51 Circumcision and sacrifices intermitted in the wildernesse Sp. 47. Why seeing it was before the Leviticall law did it expire with it Sp. 147 Clergies immunities how large once how now infringed St. 13. English Clergy taxed with luxurie Ap. 16 17. How much the present Parliament hath already done in favour of the Clergie R. 1 That it is very probable it will continue their antient maintenance by Tithes R. 2 c. Clodoveus King of France Sp. 178 Committee-men deciphered R. 7.12 Communitie of goods among Christians for how long R. 22 Consecration of things and persons why ordained Sp. 180 Constantine the Great his pious munificence St. 6. Sp. 24 Cool of the day Gen. iii. 8. what Sp. 98. 1 Cor. xi 18 20 22. expounded Ap. 10. c. D DAlmaticae vestes in what reverence amongst the ancient Clergy Sp. 176 Why worn by Kings at their Coronations ibid. Deacons distributers of Church goods Sp. 23. Antienter then Bishops Sp. 50. Of women-Deacons Sp. 51 Decimae or decima whence derived Sp. 67 70 Decimus Decumanut Decimare Exdecimare Sp. 75 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whence derived Sp. 67 70 Deodate's Testimonie concerning our Church St. 20 Sir William Dodington St. 22 Drusius put to hard shifts St. 19 E EAster Sp. 50. concerning the grounds and time of its observation Sp. 149 Edgar See Kings Edward the Confessor See Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. xi 12. signifieth a materiall Church Sp. 84. Ap. 1 2. 6-11 Eleven This number signifieth sinne Sp. 73 Enoch's translation an Embleme of the Sabbath Sp. 99 Examples and sayings of wise men a law to posterity Sp. 110 Excommunication exercised by the King of Spain Sp. 181 Exod. xxii 29. Non tardabis expounded Sp. 103. 140 F FAsting practiced and allowed though not commanded Sp. 48. When it was first brought into the Church uncertain Sp. 87. First-fruits or Annates paid to Priests by the law of Nature Sp. 102.108 why then abrogated with the Law of Moses Sp. 144 c. When first imposed on the Clergy St. 12 The Floud a kind of tithing of the world Sp. 99 G GAvelkind what R. 14. Gen. xiv allegorically expounded and applied to the Church under the Gospel Sp. 104 c. Glastenbury-Abbey Sp. 183 Glebeland when letten must pay Tithe Sp. 79 Gods glory the end of all things Introd What duties we ow to him for his bounty Ibid. Ep. 1. He had a portion of Time Place Fruits even in Paradise Sp. 97 Why he requireth the tenth of our goods and but the seventh of our time Sp. 9 See Tenth The best part of every thing is his due Sp. 67 68. and that such a part as implieth the whole Sp. 72. Things offered to him how holy Sp. 82. 168. What may be known of God by the light of Nature Sp. 95. Trismegist's description of God Sp. 70. The Thoes destroyed for their neglect of the gods Sp. 123 Good things though abused by some may lawfully be used by others Sp. 84 c. Ms. Elen Goulston her beneficence to St. John's in Oxford St. 22 Greek Church poore every way R. 26 H Sir Ralph Hare a Benefactor to St. John's in Cambridge St. 21 23 Heathens how liberall to their gods Sp. 114 c. Their examples fit to be proposed to Christians Sp. 116. Their devotion will rise up in judgement against our sacriledge Sp. 117. 127 128 Henry the Eighth's speech concerning Abbey-lands c. Sp. 166. His virtues and acts especially his shaking off the Romish yoke highly commended B. 1 2 Hercules his offering how profuse Sp. 117. 124 Baptist L. Hicks a great friend to the Clergy St. 22 Holinesse of things dedicated to God Sp. 82 Hospitalers A question concerning them and the Templars Sp. 160 Hospitulity being the Ministers duty the people must afford him a certain maintenance Sp. 16 I J JAcobs vow concerning Tithes Sp. 109 Idolatry The rise of it Sp. 43 Jews paid for more to their Priests then Christians St. 9. How forward and chearefull they were in their payments St. 11. They received Priesthood from the Gentiles Sp. 44. 102. The chiefe Judges and Officers among them were Levites Sp. 38 39. Of their Courts of Justice Sp. 40. Their Ceremonies why so long permitted under the Gospel Sp. 48. c. Impropriations See Appropriations John iii. 23. Mystically expounded Sp. 105 Isa lvi 7. expounded Ap. 10 Just It is folly to say a thing is therefore just because the Law of the Land alloweth it Sp. 172 K KIngs Alured the first anointed King of England Sp. 177. His virtues and famous acts ibid. Clodoveus the first King of France that received unction Sp. 178. Kings of Spain neither anointed nor crowned till Jerusalem and Sicil fell to them Sp. 179. The King of England chief King of Christendome ibid. The Papists deny our Kings spirituall power yet was it granted by a Pope Sp. 178 179. The King of Spain hath and exerciseth the power of Excommunication Sp. 181. Kings of England antiently assumed and used Ecclesiasticall authority Sp. 181 c. as appeareth by the examples of Edward the Confessor Sp. 181. Edgar and nine of his predecessors Sp. 182 c. of the Kings of Mercia Sp. 185. Of William the Conqueror Sp. 186. and William Rufus Sp. 188. Kings were wont to seek confirmation of their Lawes from Popes and Councels of their Canons from Kings Sp. 184. Kings have an Ecclesiasticall as well as civill power Sp. 155. Otherwise they could not govern both Church and State Sp. 174. c. As the sword is an embleme of their temporall so are Oil vestis Dalmatica of their spirituall jurisdiction Sp. 175 c. What Kings were wont to bee be anointed Sp. 176. The Kings Chappell antiently under no Ordinary but himself onely Sp. 155. 186 188. Christians ought to be subject to their Kings though Heathen Sp. 174. What was granted to the King by the Statute of Dissolution Sp. 161
to encrease the portion of the Minister in the Vicarage of Pitchley in Northamptonshire belonging to his Bishoprick and so did his successor Dr Wright for the Vicarage of Torcester also in the same shire which was very piously done considering what great Lands and Manours were taken away from that Bishoprick among others and some Impropriations given in lieu of them Besides this present Parliament hath taken singular care to augment the maintenance of many poor Vicarages and other small Livings wherein they have proceeded carefully and have made many additions to severall poor benefices for the better inabling of the incumbent Ministers to be faithfull and diligent in their callings And while Six Hen. Sp. lived there came some unto him almost every Terme at London to consult with him how they might legally restore and dispose of their Impropriations to the benefit of the Church to whom he gave advice as he was best able according to their particular cases and inquiries and there wanted not others that thanked him for his book promising that they would never purchase any such appropriate Parsonages to augment their estates Whereby it appears how effectually the consciences of many men were moved with his moderate and pious perswasions and himself was much confirmed in his opinion of the right of Tithes which moved him to consign his works of this argument besides others to my care with direction to publish them as is also expressed in his last Will and Testament Whereupon I hold my self obliged in conscience and duty to God and to the memory of this excellent Knight to whom I was infinitely obliged for his instructions conferences and favours which I enjoyed in the course of my studies many years frequenting his house and company not to conceal these works any longer from the publique view but to publish them to the benefit of the Church and servants of God now especially when prophanenesse hath so licentiously overflowed and the covetous wretches and Mammonists of this world have begun to withdraw and deny their Tithes muttering that they are Popish and superstitious and therfore to be rooted out as their language is wherein yet the Parliament hath honourably discovered their zeal and care by their censure and check upon the Petition against Tithes exhibited in May 1646. and by their Ordinance providing for the true payment of all tithes rights and dues to the Church as more fully appears therein Wherein they have followed the moderne and ancient Lawes as that expression of the Act of Parliament 27 Hen. 8. cap. 20. That whereas numbers of ill disposed persons having no respect of their duty to Almighty God but against right and good conscience did withhold their Tithes due to God and holy Church as in that Statute is more at large expressed So in the 12. Tables Sacrum sacrove commendatum qui dempserit rapseritve parricida esto It being accounted sacriledge by all Laws to take away such things as have been formerly given to God for so they were given expresly to God as Magna Charta saith Concessimus Deo we have given to God for us and our heirs c. So Charles the great We know that the goods of the Church are the sacred indowments of God To the Lord our God we offer and dedicate whatsoever wee deliver to his Church Cap. Car. lib. 6. So Tully anciently Communi jure gentium sancitum est ut ne mortales quod Deorum immortalium cultui consecratum est usucapere possint So Calvin Sacrum Deo non fine insigni in eum injurin ad prosanos usus applicatur Instit li. 3. cap. 7. § 1. Tithes therefore being consecrated unto God ought carefully to be preserved in these days in regard the Church enjoyeth not the tithe of the tenth which formerly it had and hath also to this day among the Papists who doe not take away from the Church but are ready to restore as they have done in many Countries CONTENTS OF THE SEVERALL TREATISES AND CHAPTERS The larger Book of Tithes containing these particulars following The Introduction to it Cap. 1. VVHat things be due unto God first a portion of our time pag. 1 Cap. 2 The second sort of tribute that we are to render unto God that is a portion of our land pag. 2 Cap. 3 That the portion of land assigned to God must be sufficient for the habitation of the Ministers pag. 3 Cap. 4 That Christ released not the portion due to God out of our lands pag. 6 Cap. 5 What part in reason and by direction of nature might seem fittest for God pag. 8 Cap. 6 Concerning the revenue and maintenance of the Church in her infancy first in Christs time then in the Apostles in the Churches of Jerusalem Alexandria Rome and Africa pag. 11 Cap. 7 That the service of the Levites was clean altered from the first Institution yet they enjoyed their Tithes pag. 33 § 1. Of Templar Levites § 2. Of Provinciall Levites Cap. 8 The great account made of Priests in the old Law and before pag. 42 Cap. 9 When our Saviour commanded the Disciples should take nothing with them but live of the charges of the faithfull this bound not the Disciples perpetually pag. 44 Cap. 10 That many things in the beginning both of the Law and the Gospel were admitted and omitted for the present or reformed afterward pag. 46 Cap. 11 That upon the reasons alledged and others here ensuing the use of Tithing was omitted in Christs and the Apostles time and these reasons are drawn ab expediente the other à necessitate pag. 51 Cap. 12 That Ministers must have plenty pag. 55 Cap. 13 Not to give lesse then the tenth pag. 57 Cap. 14 The Etymology and definition of Tithes and why a tenth part rather then any other is due pag. 67 Cap. 15 Who shall pay Tithe pag. 76 Cap. 16 Out of what things Tithe is to be paid pag. 79 Cap. 17 That things offered unto God be holy pag. 62 Cap. 18 Tithes must not be contemned because they were used by the Church of Rome pag. 64 Cap. 19 That the Tradition of ancient Fathers and Councels is not lightly to be regarded pag. 86 Cap. 20 Ancient Canons of Councels for payment of Tithes pag. 88 Cap. 21 In what right Tithes are due and first of the Law of Nature pag. 93 Cap. 22 How far forth they be due by the Law of Nature pag. 94 Cap. 23 Tithes in the Law of Nature first considered in Paradise pag. 97 Cap. 24 The time of Nature after the fall pag. 100 Cap. 25 That they are due by the Law of God pag. 104 Cap. 26 That they are due by the Law of Nations pag. 113 Cap. 27 That they are due by the Law of the Land pag. 129 Cap. 28 Tithe is not meerly Leviticall How it is and how not and wherein Iudaicall pag. 139 § 1. An Objection touching Sacrifice First-fruits and Circumcision § 2. Touching the Sabbath day Easter and Pentecost Cap. 29
maintenance The times to tell the truth were such as had not been from the very creation Times wherein God opened the windows of persecution and rained bloud upon his Church as he did water upon the world in the days of Noah and as in the planting of the Law he scourged the enemies of his people with ten famous plagues so now in the founding of the Gospel he tried his children with ten grievous persecutions by reason whereof the Clergy then aspired so generally to the crown of martyrdome that they prepared their bodies to this sacrifice by the austerest rules of conversation that they could devise contemning all worldly pleasure all curiosity of meat drinke apparel sustenance and necessities wasting their flesh with abstinence fasting thin cloathing going sometimes barefoot denying all things to every sense that it particularly delighted in applying themselves wholly to Prayer and Preaching to support and enlarge the Gospel and to be short to doe the work of Gods Vineyard faithfully in all things and laboriously as appeareth abundantly in Eusebius Nicephorus Socrates Ruffinus and other ancient Ecclesiasticall Authors These are they of whom the world was not worthy these gained every man his ten talents and sit now in the first seats of heaven next unto the throne of the Lamb. Touching their maintenance the means thereof arise chiefly as appeareth by Tertullian Origen Cyprian and others out of the oblations of the people benevolences first-fruits tithes c. which being continually offered at the Altar or brought into the treasury of the Church were one while employed in common to the diet and necessities of the brethren and Clergy but at length distributed by portions first weekly as it seemeth by a decree of Pius the first Bishop of Rome in the year of our Lord 158. after monthly as appeareth by an Epistle of Cyprian ad clerum lib. 4. Epist 5. to every Priest particularly The manner how this was performed appeareth not sufficiently in the Authors of those times but I will recite the places in their own obscurities first touching that assigned to Pius Tom. Con. 1. pag. 125. In vita Pii Col. 6. Vt de oblationibus quae offeruntur à populo consecrationibus quae supersunt vel de panibus quos deferunt sideles ad ecclesiam vel certè de suis Presbyter convenienter partes incisas habeat in vase nitido convenienti ut post missarum solennia qui communicare non fuerunt parati Eulogias omni die Dominico in diebus festis exinde accipiant quae cum benedictione prius faciat Ex codice quinto librorum lib. 2. c. 117. And Cyprian in the place above cited p. 126. Caeterum Presbyterii honorem designasse nos illis jam sciatis ut et sportulis iisdem cum Presbtyeris honorentur divisiones mensurae aequalis quantitatibus partiantur whereby it appeareth that the Priests at this time which was about the year 240. had every man his allowance delivered monthly per sportulas that is by baskets whereupon they were called fratres sportulantes basket-brethren or brethren that lived on the basket and it may be that some understanding the words as we now use them for an alms basket could be contented that the Ministers lived in like manner at this day To deliver therefore that sacred and most honourable profession from such base imputation I hold it necessary to say something of this jus sportularum Sportula is sometimes used generally for every basket sometimes particularly for a Market basket or panyer and because the use among the Romans was to cast their Market money into this basket therefore that very mony and the Market meat it self also was called sportula Besides it is taken for a vessell a place a portion or provision of victuals So Sportula Salutatoria or Salutantium was a basket or messe of meat that the great men of Rome by way of congratulation doe give to the Cities which came to visit them Martial lib. 1. Ep. ad Flaccum Dat Bajor a mihi quadrantes sportula centum Inter delicias quid facit ista fames And these great men had at the entry of their houses a place of purpose for keeping this kind of provision to bestow on their friends which place was thereupon also called sportula which Iuvenal seemeth to aim at under the name of limen prineum Satyr 1. Sportula primo Limine parva sedet turbae rapienda togatae But expresly in his third Satyr Nonne vides quanto celebratur sportula fumo Sportula publica was a like distribution made upon some notable occasion by the Senate and Emperors of Rome to the people in lieu of the solemn feastings formerly bestowed on them which allowances being afterwards too niggardly abridged Domitian as Suetonius in his life cap. 7. reporteth sportulas publicas sustulit revocata coenarum rectarum consuetudine which Martial also remembreth in an Epigram to Domitian l. 8. Grandia pollicitus quanto majora dedisti Promissa est nobis sportula Recta data est Sportula nuptialis signified the wedding feast or provision Coelius Rhodiginus Antiq. lect l. 28. c. 21. apud Apuleium sportulas legimus nuptiales quippe inquit ita placuerat insuburbana villa potius ut conjungeremur ne cives denuò ad sportulam convolarent Sportula convivalis is described also by Coelius lib. 27. cap. 24. Eranon inquit est quod pluribus differtum occumbentibus sit sed ita ut ferat sibi unusquisque quod edat quod etiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicebatur id est sportula Sportula opipara I may tearm that which is mentioned by Tully in his Epistles Famil lib. 9. Ep. 20. Dediscendae tibi sunt sportellae artologani where some interpret sportellae for those meats quae secundis mensis numerantur dishes of the second course and greatest dainties So that sportula presbyteria was no base thing but an honourable congiary or portion of victuals distributed to the Clergy whether by the basket as the word signifieth or in vase nitido as Pius appointed it And thus much doth the very place alledged out of Cyprian intreat where he saith sportulis idem cum presbyteris honorentur What this sportula contained I cannot declare but Alexand ab Alexand. Genial dier lib. 5. cap. 24. speaking of the Roman sportula publica saith In qua frequens obsonium panis oleum porcina caro dari solita est absque vino and Domitius in his Comment on the first Satyr of Invenal much more fully ex sportula omnia sibi coemebant quae ad victum ad cultum pertinerent So that sportula presbyteria seemeth to be then a Cornu copia that ministred unto the Clergy all things they had need of as well for cloathing and other necessaries as for sustenance For no doubt the people of God did at this time not onely according to the precept of the Apostle make the Ministers of the Word partakers of all their
them to Churches out of their possessions and families where they baptized and received Burch lib. 3. ca. 132. And Concil Cavallon c. 1. decreeth that all Churches with their whole livings and tithes should bee wholly in the power of the Bishops and to be ordered and disposed by him Burchard lib. 3. ca. 146. Concil Moguntin 1. ca. 8. recited by Burchard who lived about 6â—0 years since saith that Abraham by his action and Jacob by his promise declared unto us that tithe was to be given to God The Law hath since confirmed it and all the holy Doctor are mindfull of it c. Hereof the venerable Doctor Saint Augustine saith Tithes are required as a debt What if God should say quoth he thy self a man art mine and so forth as followeth in that Sermon of his that hereafter we exhibit The Councell proceedeth further shewing reasons why Tithes should be paid That if the Jews were so carefull inexecuting this commandement as they would not omit it in the least things mint and rue c. as our Saviour testifieth how much more ought the people of the Gospel to perform it that hath a greater number of Priests and a more sincere manner of Sacraments They are therefore to be given unto God that being better pleased with this devotion he may give more liberally the things we have need of That this kind of maintenance is fittest for the Clergy that they otherwise be not troubled with worldly businesse but may attend their calling That the daily offerings of the people and that Tithes are to be divided into four parts according to the Canons The first to the Bishop another to the Minister or Priest Clericorum the third to the poor the fourth to repairing of Churches Burchard li. 3. c. 133. Concil Moguntin 1. cap. 10. tempore Appae 4. 4. Lothar Imp. Anno 847. sub Rabano Archiepiscopo qui scribit Ludovice This Councell admonisheth men to pay their Tithe carefully because God himself appointed it to be paid to himself And that it is to be feared that if any man take Gods right from him God for his sins will take things necessary from him also Tom. 3. Conc. Roman Concil 5. Anno 1078. Tom. 3. saith that Lay-men upon pain of sacriledge excommunication and damnation might not possesse Tithes and Church livings though granted by Kings and Bishops but must restore them CAP. XXI In what right tithes are due and first of the law of nature WE have said in our definition that they be due unto God now we are to shew by what right and to prove it First therefore I divide Tithes into two sorts Morall and Leviticall Morall are those which were due to God before the Law given in the time of nature Leviticall are those nine parts assigned by God himself upon giving the Law unto the Levites for their maintenance the tenth part being still reserved to himself and retained in his own hands Morall tithes were paid by man unto God absque praecepto without any commandement Leviticall tithes were paid by the Israelites unto the Levites as transacted and set over by God unto them pro tempore for the time being and that by an expresse Canon of the Ceremoniall law To speak in the phrase of Lawyers and to make a case of it God is originally seised of tithes to his own use in dominico suo ut de feodo in his own demesne as of fee-simple or as I may say Jure Coronae and being so seised by his Charter dated _____ year after the Flood he granted them over to the Levites and the issue male of their body lawfully begotten to hold of himself in Frank-Almoigne by the service of his Altar and Tabernacle rendring yearly unto him the tenth part thereof So that the Levites are meerly Tenants in tail the reversion expectant to the Donor and consequently their issue failing and the consideration and services being extinct and determined the thing granted is to revert to the Donor and then is God seised again as in his first estate of all the ten parts in fee. But we must prove the parts of the case and first the title namely that he was seised in fee of originall Tithes that is that originall Tithes doe for ever belong unto him Hear the evidence which I will divide into three parts as grounding it first upon the law of Nature secondly upon the Law of God and thirdly upon the Law of Nations CAP. XXII How far forth they be due by the Law of Nature VVHen I said by the Law of Nature my meaning is not to tie my self to that same jus naturale defined by Justinian which is common to beasts as well as to men But to nature taken in the sense that Tully after the opinion of others delivers it to be Vim rationis atque ordinis participem Denat Deo l. 2. tanquam via progredientem declarantemque quid cujusque causa res efficiat quid sequatur c. the vertue and power of reason and order that goeth before us as a guide in the way and sheweth us what it is that worketh all things the end why and what thereupon ensueth or dependeth This by some is called the Law of Nature secondary or speciall because it belongeth onely to reasonable creatures and not generally to all living things in respect whereof it is also called the law of reason and it is written in the heart of every man by the instinct of nature Quis scribit in cordibus hominum naturalem legem nisi Deus Aug. de serm Domini in monte l. 2. as Isidor faith not by any legall constitution teaching and instructing all Nations through the whole world to discern between good and evill and to affect the one as leading to the perfection of worldly felicity and to eschew the other as the opposite thereof This is that law written in the hearts of the Heathen made them to be a law unto themselves as it is said Rom. 2.14 and by the instinct of nature to doe the very works of the Law of God with admirable integrity and resolution This is that Law that led them to the knowledge of God that they had whereby they confesse him to be the Creator supporter and preserver of all things seeing all things knowing all things and doing whatsoever pleaseth himself to be omnipotent eternall infinite incomprehensible without beginning or end good perfect just hating evill and ever doing good a blessed Spirit and as Plato calleth him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the greatest Spirit that giveth all good things unto man that guideth his actions and blesseth his labours All this and much more did the very Heathen by this Law of Nature conceive and pronounce of God and therewithall confessed that by reason thereof they were justly tyed to yeeld him all service honour obedience praise and thanksgiving but wanting grace to direct them above nature in the right ways thereof they first swarved on one hand
own Thus the Gentiles who had not the Law by direction and light of nature though so much obscured yet did the things of the Law Concerning the Siphnians whereof mention is made already it is further to be remembred In Phoc. what Pausanias expresly relateth of them who saith when covetousnesse made them leave paying that tribute of Tithes the sea brake in upon them and swallowed up their mines a just vengeance upon detainers of Divine right by dishonouring of God to lose all So long as yearely they paid Tithe of the encrease so long it was well with them so soon as they defrauded God of his right God turned them in justice and vengeance out of all Aristotle reports that Cypselus had a speciall regard to the tenth as competent to a Deity when he vowed all the goods of the Citizens Oeconom 2. if he could get Corinth Aristotle was the great dictator of learning in whom God would remonstrate what he could doe in meer Nature without supernaturall endowments of grace he speaks directly That the tenth part is competent to a Deity and that He vowed all the goods but because this vow implyed an absurdity unlesse he meant which he did not intend to ruine the City he was fain to have recourse unto the ordinary use of Tithing but so that the Tithe decies repetita should answer the proportion of his vow 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 having made a rate and cessement of every mans goods and state he took the tenth part for that yeer and so the next for ten years together leaving them nine parts to trade with and live upon Every one did not so but every Conquerour that would not be unthankfull gave the tenth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto God with us daily men are not thankfull as they ought yet they should be gratefull Agesilaus whiles he warred in Asia and had the spoil of that wealthy Country made such haveck upon the enemy Xenophon that within the compasse of two years he sent more then one hundred talents tithes unto Delphos which proveth an ordinary Spartane use and custome at least The same Agesilaus having vanquished the Thebans Xen. Hellen. l. 4. and their associates in a great battail at Coronaea though having received many wounds in the fight 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 forgat not God saith Xenophon nor to be thankfull unto God That Retrait which Xenophon made with his ten thousand men out of upper Asia is the most remarkable piece of service one of them in all Antiquity In this hazard Xenophon as himself relateth it gave decimam spoliorum partly unto Apollo partly unto Diana of the Ephesians The tenth being separated for these two Deities was by generall consent committed unto the Captains to be dedicated That for Apollo was laid up at Delphos in the Athenian Treasury for most Nations of Greece had a severall one there But with that other part Diana's part Xenophon purchased a piece of ground and built there a Temple and an Altar and appointed the tenth of the yearly encrease for ever unto that service This is a passage very considerable there being not such an expresse and observable example in all Antiquity for Tithe in this kinde with an endowment of a Church with lands Sacred is that land unto Diana whosoever possesseth or occupieth the ground must every year consecrate the tenth unto the service of Diana and employ the rest upon the fabrique and upholding of the Temple Tithes of spoiles commonly paid amongst the Graecians but not accustomed in this sort to be employed A generall sacred Revenue appropriated to a speciall end where besides the profits and Revenues of this land tithed what was purchased with the tithe at first unto Diana as president of the trade and the chiefest ranger amongst Pagans Tithe of Venison and Game is said in the same place to have been paid Diodorus Siculus in his elventh Book hath three severall instances Pag. 2â—9 for tithing spoils of warre the first of Pausanias and the Graecians that having vanquished the Persians and slaine Mardonius in the field Set apart the tenth of the spoils and therewith caused a tripos of gold to be made which they dedicated at Delphos no vow preceding nor other intimation being but as done out of duty and ordinary profession of thankfulnesse Another of Cimon the Athenian Generall Pag. 270. who remaining victor at the battail upon the River Eurymedon as Pausanias had done so did he set out the tenth of the spoiles as Gods part sacred and dedicated unto him to God in generall not naming Apollo or any else In a third place Pag. 276. the Argivi having made the Mycenians their slaves and captives consecrated the tithes of all they took to God and utterly rased the Town Mytenae Porphyrie declareth that first-fruits were given unto God and what is said of first-fruits must be granted of tithes out of devotion by the Pagans Lib. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of all things usefull to the life of man as of corn honey wine oyl cakes and what not Those that gave nothing by way of thankfulnesse out of their encrease and store were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 irreligious people not serving God without piety who never escaped punishment for their Atheisme The Thoes a people confining upon Thracia that never used to give God first-fruits of any thing which they enjoyed nor offered any thing at all unto the Deity were utterly destroyed out of the earth The reason is well given by that prophane Porphyrie why men give tithe first-fruits sacrifice and the like out of the secrets of Christian mysteries 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for all that we have or enjoy is Gods though the use or enjoying thereof seemeth to be ours which reason being eternall and undenyable in nature professed and acknowledged by Naturalists without light of grace none can doubt but that the practice in being was out of that perswasion and so of duty and necessary tye which none but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Pophyrie calleth them did neglect and for contempt whereof even in opinion of Pagan Antiquity exemplary punishment was inflicted on that people No men nor City nor stone remained and their memoriall perished from off the earth saith Porphyrie The learned Greek Grammarians doe testifie and expound the custome of tithing by the Graecians as Valerius Harpocration saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for they tithe all the spoils gotten of the enemy unto the gods And long before Harpocration the learned Grammarian Didymus for his indefesse reading and writing surnamed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ironside or heart of Oak saith as he is cited by Harpocration that properly and primarily 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to pay the Tithe was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to sanctifie dedicate or consecrate unto divine service 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In as much as it was a generall custome amongst all the Graecians to give the tenth
these times come farre short in their duties and may bee upbraided with these examples Which are here more largely insisted on to shew the impiety of many men in these last days who are more inexcusable then ever any people were because we have the rules and practice of all ages set before us for our direction as before the Law of Moses in Abraham and Jacob and likewise under the Law during the Priesthood of Aaron and since under the Gospel abundant light to guide us besides all the Records Histories and Monuments of Gods judgements in former times to instruct us All which saith the Apostle 1 Cor. 10. are written and recorded for our admonition upon whom the ends of the world are come If we therefore offend now we are greater sinners then any former people as sinning against conscience knowledge and examples of all ages and like to the servant that knew his Masters will but did it not who therefore must be beaten with many stripes CAP. XXVII That they are due by the Law of the Land AS they are due by the law of Nature and of Nations by the Law of God and of the Church so are they likewise due by the very Temporall Laws of the Land as well ancient as later therefore Edward the elder and Guthrun Saxon and Danish Kings punished the not payment of Tithes by their temporall Constitutions Lambard 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 54. Tom. 1. Concil Britan. pag. 392. King Athelstan about the year of our Lord 924. not onely decreed them to be paid by himself his Bishops Aldermen and Officers but maintaineth that his Law by the example of Jacob saying Decimas meas hostiam pacificam offeram tibi and by other effectuall Authorities providing precisely that his owne Tithes should diligently be paid and appointing a time certain for doing thereof viz. the feast of the decollation of S. John Baptist 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 57. Tom. 1. Concil p. 402. King Edmund about the year 940. in a solemn Parliament as well of the Laity as Spiritualty ordained that every man upon pain of his christendome and being accursed should pay them truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 73. Tom. 1. Concil pag. 420. King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes assigning certain times when every thing should be paid viz. the Tithe of all young things before Whitsontide of the fruits of the earth by the harvest aequinoctiall i. about the 12. Septemb. and of seed by Martimas and this to be done under the pain mentioned in the Book of the Lawes of the Land whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof though the Book remaineth not to us at this day as well as the Laws of the Church And he further enacted that the Sheriffe as well as the Bishop and Priest should compell every man to pay their Tithes and should set it forth and deliver it if they would not leaving to the party offending onely the 9th part and that the other eight parts should be divided four to the Lord and four to the Bishop and that no man should herein be spared were hee the Kings Officer or any Gentleman whatsoever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 77. Tom. 1. Concil pa. 444. King Canutus about the yeare 1016. made the like Law with some little enlargement as appeareth in his Laws Tom. Con. pag. 44. ca. 8. and as Malmesbury testifieth strictly observed all the Laws of the ancient Kings de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England conjuring them by the faith that they ought both to himself and to God that they caused these Lawes touching Tithes and Rights of the Church to be duly executed and the Tithes to be paid as abovesaid Malmsb. p. 74. But King Edward the Confessor about the year 1042 made all certain namely that Tithe was due unto God and should be paid the tenth sheafe the tenth foal the tenth calf the tenth cheese where cheese was made or the tenth days milk where there was no cheese made the tenth lamb the tenth fleece the tenth part of butter the tenth pigge and that they that had but a calfe or two should pay for every of them a penny And to this price is the Parson generally holden at this day when ten of our pennies are scarcely worth one of that time He also ordained that Tithe should be paid of bees woods meadows waters mils parks warrens fishings coppises orchards and negotiations and out of all things saith the Law that the Lord giveth For the Sheriffe and Bishops were in those days the Kings Justices in every County and all matters were heard and decided before them Note the tenth is to be rendred unto him that giveth the nine parts with the tenth and bindeth the Sheriffe as well as the Bishop to see this executed And all these were granted saith the Book by the King Barons and Commonalty as appeareth in those his Laws cap. 8. and Hoveden Annal. part poster pag. 602. Long after the learned Author had written this he published the first Tome of our English Councels wherein not onely these Laws mentioned are recited but also many other Laws and Constitutions concerning Tithes by other Kings and Parliaments of that age It would have been an easie matter to have inserted them at large here being there set down in order of time successively but because I am unwilling to add any thing or alter in the text of his discourse and that the Tome of the Councels is obvious to every mans perusall I will onely adde some brief references to them as also to M. Selden in the eight chap. of his History who hath recited them all and some more then are here mentioned From both these learned Lawyers the studious Reader may be abundantly satisfied especially when the second Tome of the Synods shall be extant there will be full testimony of our own Laws to confirm this truth for 500. years after the Conquest as these are for 500. years before it When Gregory the great sent Augustine about the year 600. Chr. assisted with 40. Preachers to publish the Gospel to our forefathers in England it is testified by the Laws of Edward the Confessor among other things that he preached and commanded Tithes to be paid Haec beatus Augustinus praedicavit docuit haec concessa sunt à Rege Baronibus populo sed postea instinctu diaboli multi eam detinuerunt c. and all this was confirmed by the King and his Barons and the people Tom. 1. Concil Brit. pag. 619. § 8 9. Egbert Archbishop of York brother to Eadbert King of Northumberland published Canons about the yeare 750. which did binde all the Northern parts and Scotland in those days wherein he directeth all Ministers to
instruct their people when and how to pay their Tithes Tom. 1. Con. pa. 258. Can. 5 c. About the year 786. in the time of Offa a great King of Mercia and Helfwood King of Northumberland and the two Archbishops there was a great Councell held by two Legates from Hadrian the first wherein Tithes were established and it was likewise confirmed in the South part by the King of West-Saxony And as M. Selden saith it is a most observable Law being made with great solemnity of both powers of both States History cap. 8. pag. 201. Tom. 1. Con. pag. 291. Can. 17. In the year 855. King Ethelwolph by the consent of all his Baronage and Bishops granted the perpetuall right of Tithes to the Church throughout his whole kingdome and that free from all taxes and exactions used then in the State and this statute is very remarkable and was confirmed by other Kings Brorredus and Edmundus of East-Angles Tom. 1. Con. pag. 384. For the Northern Clergy there was a Law made to punish the non-payment of Tithes Tom. 1. Con. pag. 501. In a great Parliament at Earham Anno 1009. by all the States assembled under King Ethelred Tithes are commanded and confirmed Tom. 1. Con. pag. 510 c. Maccabeus an ancient King of Scotland confirmeth Tithes in his Laws Con. pag. 571. Anno 1050. In the Canons of Aelfric Tithes are confirmed Anno 1052. Con. pag. 572. These and many other Constitutions and Laws are particularly and more fully recited in the first Tome of our Councels and in Mr Seldens History cap. 8. from whence the Reader may please to take satisfaction for the space of some 500. years before the Conquest William the Conquerour in the fourth year of his reign when he took a view of all the ancient Laws of the Land he first confirmed the liberties of the Church because that by it saith Hoveden the King and the kingdome have their solid foundation pag. 601. and herein amongst other Laws of King Edward these particularly touching Tithes which Hen. 1. also did Anno 1100. as appeareth by Mat. Par. pa. 53. The like did also Hen. 2. in the 26. year of his reign as Hoveden witnesseth pa. 600. And for a perclose of all that went before or should follow after King Hen. 3. in the ninth year of his reign by that sacred Charter made in the name of himself and his heirs for ever granted all this anew unto God We have granted saith he unto God and by this our present Charter have confirmed for us and for our heirs for evermore that the Church of England shall be free and shall have all her holy rights inviolable Magna Charta cap. 1. And that this Charter might be immortall and like the sanctified things of the Temple for ever inviolable it was not onely fortified by the Kings Seal the sacred Anchor of the kingdome but by his solemn oath and the oath of his sonne and the Nobility of the kingdome Yea the whole kingdome yeelded themselves to stand accursed if they should at any time after impeach this grant And therefore in the 25 Ed. 1. a speciall Statute was made for confirmation of this Charter V. Rastals Abridg destat tit Confirmat Sententia lata super chartas wherein amongst other things it is ordained that the Bishops shall excommunicate the breakers thereof and the very form of the sentence is there prescribed according to which upon the 13. Maii Anno 1304. Ed. 1.31 Boniface the Archbishop of Canterbury and five other Bishops solemnly denounced this curse in Westminster Hall the King himself with a great part of the Nobility being present Vid. Pupil oculi part 5. cap. 22. First against all them that should wittingly and maliciously deprive or spoil Churches of their rights Secondly against those that by any art or devise infringed the liberties of the Church or Kingdome granted by Magna Charta de Foresta Thirdly against all those that should make new Statutes against the Articles of these Charters or should keep them being made or bring in or keep other customes and against the writers of those Statutes Counsellors and Executioners thereof that should presume to give judgement according to them And lest this should seem a passion of some particular men for the present time rather then a perpetuall resolution of the whole kingdome in the succeeding ages the zeal and care thereof was continually propagated from posterity to posterity So that in 42 Ed. 3. cap. 1. it was further enacted that if any Statute were made contrary to Magna Charta it should be void And 15. times is this Charter confirmed by Parliament in Ed. 3. time eight times in Rich. 2. reign and six times in Hen. 4. Yea the frontispice of every Parliament almost is a confirmation of the rights and priviledges of the Church as having learned of the very Heathen Poet who had it from the law of Nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we begin ever with God Neither was there any man found that ever would or durst with Nero lay hands upon his Mother the Church for he that smiteth his father or mother shall die the death Exod. 20.15 Heu tot sancitas per plurima secula leges Hauserit una dies hora una et persidus error My meaning is not to strain these Laws to the maintenance of such superstitious gifts as were made to the Church against the honour of God but to those onely that were for maintenance of his Word and Ministery which if they were lawfully conferred as no man I think doubteth but they were then let us consider how fearfull a thing it is to pull them from God to rend them from the Church to violate the dedications of our Fathers the Oaths of our Ancestors the Decrees of so many Parliaments and finally to throw our selves into those horrible curses that the whole body of the kingdome hath contracted with God as Nehomiah and the Jews did Nehem. 10. should fall upon them if they transgresse herein For as Levi paid Tithes in the loins of Abraham Heb. 7. so the lawfull vow of the fathers descendeth upon their children And as the posterity of Jonadab the sonne of Rechab were blessed in keeping it Jer. 35.18 so doubtlesse have we just cause to fear the dint of this curse in breaking this vow Say then that Tithes were not originally due unto God and that there belonged no portion of our Lands unto his Ministers yet are we in the case of Nehemiah and the Jews Nehem. 10.32 They made Statutes by themselves to give every year the third part of a shekel for the service of the house of God And our fathers made Laws amongst themselves to give a portion of their Land and the tenth part of their substance that is these Parsonages for the service of the house of God If they were not due before they are now due For when thou vowest a vow unto the Lord thy God thou shalt not
them lay or temporall Livings no the words of the Statute are That the King shall have them in as large and ample manner as the Governors of those houses had them c. So that though the Statute changed the owner of the thing yet it changed not the nature of the thing The Monasticall persons had them before as spirituall Livings and now the King must have them in as large manner but still as spirituall Livings and with much more reason might the King so have them then any other temporall men for as the Kingdome and Priesthood were united in the person of our Saviour Christ so the person of a King is not excluded from the function of a Priest though as Christ being a Priest medled not with the kingdome so they as Kings medle not with the Priesthood Yet by the Laws of the Land the King is composed as well of a spirituall body politique as of a temporall and by this his spirituall body he is said to be supream Ordinary that is chief Bishop over all the Bishops in England and in that his Ecclesiasticall or Spirituall authority doth many things which otherwise in his temporall he could not doe and therefore the Statute of 25 H. 8. cap. doth agnise the words In this part of his power W made Appropriations of Parsonages which otherwise he could not doe Coke p. 5. f. 10 authoritate nostra regia Suprema Ecclesiastica qua fungimur which the King useth in divers Charters touching spirituall causes doe testifie that he taketh upon him the execution thereof and therefore in this respect he may much better hold them then his lay subjects Neither is this authority of the King founded upon the Statute of H. 8. or any other puisne institution but deduced anciently from the very Saxon Kings as appeareth by many of their Laws and Charters wherein as supream Ordinary they dispose of the rights and jurisdiction of the Church delivering unto religious persons greater or lesser portion thereof according to their own pleasure and abridging and exempting other from the authority of the Bishops and Archbishops or any other Ecclesiasticall Prelate And in this respect it seemeth that the Chappell of the Kings house was in ancient time under no other Ordinary then the King himself for William the Conquerour granting all exemption to Battail Abbey granteth that it shall be as free from the command of any Bishops as his own Chappell Dominica Capella which as it thereby seemeth was under no other Bishop then the King himself But the Bishops agreed to the granting away of these Church Livings Object It is true that the Law accounteth the judgement of the major part to be the judgement of all but the Bishops cannot be said to have agreed unto it as being willing with it but as concluded by legall necessity and inference For though all the Bishops said nay yet the Lay Barons by reason of their number exceeding the Bishops were not able to hinder it and no man doubteth that in publique suffrages very many times major pars vincit meliorem therefore I neither accuse nor condemn the reverend Bishops herein for their voices though they had given them every one against the Bill were not able to hinder it Neither doe I think but that they being men of another profession unexercised in the elenchs of the Law were overtaken in the frame of words and thereby passed that away in a cloud which if they had perceived could never have been won from them with iron hooks But in this matter there being a question of Religion Whether Tithes be due jure divino or whether they could be separated from the Church it was not properly a question decidable by the Parliament being composed wholly of Lay persons except some twenty Bishops but the question should first have been moved amongst the Bishops by themselves and the Clergy in the Convocation house and then being there agreed of according to the Word of God brought into the Parliament For as the Temporall Lords exclude the Bishops when it commeth to the decision of a matter of bloud life and member so by the like reason the Bishops ought to exclude the Temporall Lords when it commeth to the decision of a question in Theology for God hath committed the Tabernacle to Levi as well as the kingdome to Juda and though Juda have power over Levi as touching the outward government even of the Temple it self yet Juda medled not with the Oracle the holy Ministery but received the will of God from the mouth of the Priest Therefore when Valentinian the Emperour required Ambrose to come and dispute a point of Arianisme at his Court he besought the Emperour that he might doe it in the Consistory amongst the Bishops and that the Emperour would bee pleased not to be present among them lest his presence should captivate their judgements or intangle their liberty § 1 That after the Appropriation the Parsonage still continueth spirituall It appeareth by that which is afore shewed and the circumstances thereof that the Appropriating of a Parsonage or the endowing of a Vicarage out of it doe not cut the Parsonage from the Church or make it temporall but leaveth it still spirituall as well in the eye of the Common Law as of the Canon Law for if it became temporall by the Appropriation then were it within the Statute of Mortmain and forfaited by that very Act. But it is agreed by the 21 Ed. 3. f. 5. and in Plowd Com. fo 499. that it is not Mortmain and therefore doth continue spirituall for which cause also the Ordinary and Ecclesiasticall Officers must have still the same authority over such appropriate Churches as they had before those Churches were appropriate Therefore in the year 1252. Robert Bishop of Lincoln by commission from Innocent 4. not onely enlarged the endowments that before were made to divers Vicarages as he thought good but endowed others out of those Appropriations that had no Vicarages endowed to the great discontentment of all the Approprietaries of that time as appeareth by Matth. Paris And therefore also the Statute of 15 R. 2. cap. 6. and that of 4 H. 4. cap. 12. that ordained that in Licences of Appropriation in the Chancery it should be contained That the Bishop of the Diocesse in every Church so appropriated should provide by his discretion that the Vicar were convenably endowed Divine service performed and a convenient portion of the fruits thereof yearly distributed to the poor of the Parish did but agnise and affirm the spirituall end whereto these Parsonages were appointed and the authority the Church had still over them notwithstanding such Appropriation commanding the Bishops to see it executed Neither doe I yet finde where this power is taken from the Bishops for the Statute that giveth these appropriate Churches to the King saith not that the King shall have them as temporall lands or discharged of the Bishops jurisdiction but that he shall
quarundum propositinum ex Ep. ad Rom. that they likewise should doe the same and thereupon S. Austin saith that in those things that concern this life wee must be subject to them that govern humane things But my meaning is that a temporall Prince cannot properly dispose the matters of the Church if he have not Ecclesiasticall function and ability as well as Temporall for I doubt not but that the government of the Church and of the Common-wealth are not only distinct members in this his Majesties kingdome but distinct bodies also under their peculiar heads united in the person of his Majesty yet without confusion of their faculties or without being subject the one to the other For the King as meerly a temporall Magistrate commandeth nothing in Ecclesiasticall causes neither as the supream Officer of the Church doth he interpose in the temporall government but like the common arch arising from both these pillars he protecteth and combineth them in perpetuall stability governing that of the Church by his Ecclesiasticall jurisdiction and that of the Common-wealth by his temporall For this cause as Moses was counted in sacerdotibus Psal 99.6 though he were the temporall Governour of the people of Israel so the Laws of the Land have of old armed the King persona mixta medium or rather commune quiddam inter laicos sacerdotes and have thereupon justly assigned to him a politique body composed as well of Ecclesiasticall jurisdiction as temporall like to that of David Jehosaphat Hezekias and other Kings of Juda who not onely in respect of their Crown led the Armies of the people against their enemies but as anointed with the holy oyle ordered and disposed the very function of the Levites of the Priests and of the Temple as you may read in their severall lives in the books of the Kings and Chronicles But the Kings of England have proceeded yet further in the gradations of Ecclesiasticall profession as thinking it with David more honourable to be a door-keeper in the House of God then to dwell in the tents of the ungodly that is to execute the meanest office in the service of God then those of greatest renowne among the Heathen and Infidels Therefore they have by ancient custome even before the Conquest amongst other the solemnities of their Coronation not only been girt with the regall sword of Justice by the Lay Peers of the Land as the embleme of their temporall authority but anointed also by the Bishops with the oyle of Priesthood as a mark unto us of their Ecclesiasticall profession and jurisdiction And as they have habenam regni put upon them to expresse the one so also have they stolam sacerdotii commonly called vestem dalmaticam as a Leviticall Ephod to expresse the other The reasons of which if we shall seek from the ancient Institutions of the Church it is apparent by the Epistle of Gregory the great unto Aregius Bishop of France Ep. l. 7. c. 111. that this vestis dalmatica was of that reverence amongst the Clergy of that time that the principall Church-men no not the Bishops themselves might wear it without licence of the Pope And when this Aregius a Bishop of France requested that he and his Archdeacon might use it Gregory took a long advisement upon the matter as a thing of weight and novelty before he granted it unto them But 22. years before the time of Edward the Confessor unto whom those hallowed vestures happily did belong with which his Majesty was at this day consecrated these dalmaticae Propter solennitatem Sp. S. Diaconi dalmaticis induantur Idem Decr. p. distinct 76. le Jejunio otherwise called albae stolae were by the Councell Salegunstadiens cap. 2. made common to all Deacons and permitted to them to be worn in great solemnities which the Kings of England also ever since Edward the Confessors time if not before have always been attired with in their Coronations And touching their unction the very books of the Law doe testifie to be done to the end to make them capable of spirituall jurisdiction for it is there said that Reges sacro oleo uncti sunt spiritualis jurisdictionis capaces the Kings being anointed with the holy oyle are now made capable of spirituall jurisdiction This ceremony of unction was not common to all Christian Kings for they being about Hen. 2. time 24. in number onely four of them besides the Emperor were thus anointed namely the Kings of England France Jerusalem and Sicil. The first English King as far as I can find that received this priviledge was Elfred or Alured the glorious son of noble and devout Ethelwolphus King of West-Saxony who about the year of our Lord 860. being sent to Rome was there by Leo 4. anointed and crowned King in the life of his father Witlasius Rex Merciorum subditus Ethelwolphi regis West-Sax Coronat Ingolf 856. l. 56. and happily was the first King of this Land that ever wore a Crown whatsoever our Chroniclers report for of the 24. Kings I speak of it is affirmed in ancient books that only four of them were in those days crowned But after this anointing Alured as if the Spirit of God had therewith come upon him as it did upon David being anointed by Samuel grew so potent and illustrious in all kindes of vertues as well divine as morall that in many ages the world afforded him no equall zealous towards God and his Church devout in prayer profuse in alms always in honourable action prudent in government victorious in wars glorious in peace affecting justice above all things and with a strong hand reducing his barbarous subjects to obedience of Law and to love equity the first learned King of our Saxon Nation the first that planted literature amongst them for himself doth testifie in his Preface to Gregories Pastorall that there were very few on the South-side Humber but he knew not one on the South-side of the Thames that when he began to reign understood the Latine Service or could make an Epistle out of Latine into English c. He fetched learned men from beyond the Seas and compelled the Nobles of his Land to set their sons to school and to apply themselves to learn the Laws and Customes of their Country admitting none to places of Justice without some learning nor sparing any that abused their places for unto such himself looked diligently He divided the Kingdome into Shires Hundreds Wapentakes and them again into Tithings and free Bourghs compelling every person in his Kingdome to be so setled in some of those free Bourghs that if he any way trespassed his fellows of that free Bourgh answered for him The memory of this admirable Prince carrieth me from my purpose but to return to it his successors have ever since been consecrated and thereby made capable of spirituall jurisdiction and have accordingly used the same in all ages and thought by the Pope to be so enabled unto it
contrary ad vos spectat scil Ecclesiasticos give me leave to defend that worthy man being now dead in whose behalf I must avow that the originall is plainly ad nos and not ad vos which lest it should seem either mistaken or questionable King Edgar himself doth manifestly clear it both by deeds and words for of his own authority he removed generally the Clerks of that time that were not professed out of the Monasteries and placed in their rooms Monks and regular persons as appeareth by his owne words in his Charter of Malmesbury Malmsb. pag. 58. l. 17. And also in the foundation Book of the Abbey of Winchester written all in golden letters wherein likewise he prescribeth the rules for the government of the religious persons there and saith that himself will look to the Monks and that his wife Aelfthryth shall look to the Nuns And lest it should seem that he had done this rather out of the will of a Prince then by just authority Hoveden and Historia Jornalensis doe testifie that he did it by the advice and means of Ethelwould Bishop of Winton and Oswald Bishop of Worcester So that the very Clergy of that time agnised executed and affirmed his jurisdiction herein which I will close up with a materiall sentence out of his Charter in Glastenberry extant in Malmsbury de gest Reg. li. 2. pag. 57. where the words be these Concessit etiam scil Edgarus ut sicut ipse in propria ita totius insulae causas in omnibus tam Ecclesiasticis quà m secularibus negotiis absque ulla ullius contradictione Abbas Conventus corrigeret that is King Edgar granted that the Abbot Covent of Glastenberry should correct or amend all causes as well Ecclesiasticall as secular within the whole Isle of Glastenberry as himself did within his own Isle namely of England So that the King here denounceth that himself hath the correction or ordering of all Ecclesiasticall causes within this his Isle And in further declaration thereof doth by that his Charter by and by after prohibit all Bishops from medling within the Isle of Glastenberry and lest he should seem to doe a new thing he closeth it up with this apology That his predecessors Cemwines Ines Ethelardus Cuthredus Elfredus Edwardus Ethelstanus Edmundus had all of them done the like and he might have added out of Bede l. 2. c. 7. that Cenwalch King of West-Saxon of his own authority divided the Sea of Agilbert his Bishop being a French man and of another language which he understood not and gave one part thereof unto Winus a man of his own Nation which though he were afterwards compelled by necessity and discontent of Agilbert to reunite yet his successor Inas divided them again and then they so continued Hen. Huntington l. 4. pa. 33. l. 49. It is true that ad majorem cautelam King Edgar required John 12. to confirme these priviledges lest any as he saith should in future time either take them away or throw out the Monks but himself had first done it of himself and the vigor that the Pope added to it was rather a fortifying of it with a curse against robbers and spoilers then an enlargement of the validity thereof as quickning thereby a livelesse body For so likewise may the Popes own authority be disputable insomuch as he also required the generall Synod then holden at Rome Anno 965. as Malmsbur saith to confirm it But the fashion of those times was that secular Princes sought sometimes to have their temporall Laws confirmed by the Pope with a curse against the breakers thereof as did Howell Dhae for those his Laws of Wales and in like manner was it usuall for Councels and Synods to seek the confirmation of their Canons from temporall Princes as did that of Orleans before spoken of from Clodoveus and the Councell of Toledo _____ from Euricus who made a speciall Law for establishing it as you may see in the Laws of the Wisegothes l. 12. tit 1. ca. 3. ut sic gladius gladium adjuvaret It may be objected that Edgar being the great King of this whole Isle for he styled himself totius Albionis basileus might usurp upon the Church and doe these things rather in the will of a Prince then by just authority It is manifest partly by that which I said before but plentifully by his Charters that the Clergy of that time were so far from denying or repining at this his jurisdiction that they affirmed and subscribed unto it as appeareth in his Charters And how large soever his Dominion was his humility was as great for though in matters of government he carried himself as the head Officer of the Church yet in matters of faith he was so obedient that to expiate his incontinency with a Nun he threw himself at the feet of Dunstan his Bishop submitted himself to seven years penance and presumed not to be consecrated till the 14. year of his reign But these things were no novelties either in the person of Edgar or in the Princes of those ages for the minor Kings themselves within the orbs of their own Dominion used the like jurisdiction as you may perceive by those cited by Edgar in the Charter of Glastenberry and by many other in particular Charters of their own Yea the Kings of Mercia that were but vassals and underlings to the Kings of West-Saxony within the limits of their little Kingdome used the same plenitude of authority as appeareth by the Charter of Kenulphus who lived about the year 850. made to the Abbot of Abingdon wherein he saith Sit autem praedict ' rus liberum ab omni regali obstaculo Episcopali jure in sempiternum aevum ut habitantes ejus nullius regis aut ministrorum suorum Episcopive aut suorum officialium jugo deprimantur sed in omnibus rerum eventibus ac defensionibus causarum Abbatis Abbindenensis Monasterii de caetero subjiciantur Term. Trinitat 1 H. 7. f. 18. b. And it is there said by the Judges fol. seq b. that many Abbeys in England had larger words then these in the Kings Charter as Omnimoda justitia quicquid regales potestates conferri possunt To leave the Saxon Kings and to come to the Normans that we may see by what channell this fluent of authority hath been deduced to his Majesty Lanfranc Archbishop of Canterbury in the Conquerours time would have given the Abbotship of S. Augustines but the new King saith the book i. William the Conquerour did deny it saying that he would conferre all Pastorall Staves in his Realm and would not conferre that power to any whatsoever Govern you saith he that which appertaineth to faith and Christianity among the Monks but for their outward service you shall let me alone with that You see here that the King doth not in covert manner or by little and little creep into Ecclesiasticall jurisdiction but with an absolute resolution whilest he yet stood as